By Rosalia Omungo (Chief Executive Officer, Kenya Editors’ Guild)
There are many sectors of specialization
in journalism industry, investigative
reporting, feature writing, crime
reporting, parliamentary reporting and
general reporting.
All these are important. But one of the
areas that call for precision in
journalism is Court reporting.
It is one of the specialized sectors of
reporting anywhere in the world and it
calls for continued training for
journalists so that they can understand
the technical terms and terminologies to
promote accuracy, break down legal
terminologies to readers, viewers and
listeners and help avoid legal
implications and confusion.
However, despite the demands of court
reporting, training institutions do not
offer courses on reporting from the
courts.
Most of the focus is on media law and
media ethics that often ignore the
pragmatics of court reporting.
Yet, the past decade has witnessed
substantive changes in the country’s
Constitution and other laws that guide
the courts and how journalists may
report on them.
The questions that we must ask are
these: Are journalists up to speed
with these rapid changes? Are they well
equipped to process these new legal
requirements for their audiences?
Most newsrooms in Kenya have in the past
built teams around experienced court
reporters, but as journalists move to
other areas, get promoted or leave the
newsroom, the institutional knowledge on
court reporting is diminished.
Younger reporters who lack experience
have often been caught in the web of
reporting out of context, in contempt of
court and sometimes false reporting.
Capacity building in this area, as in
deed it has been in other areas of
specialized reporting, has remained a
perennial challenge. And as media houses
engage in cost-cutting, some of these
areas have found themselves becoming
victims of these stringent measures that
many media houses have been adopting of
late.
We have to admit that this is a
monumental lacuna that must be
addressed.
Expectedly this has sometimes caused
challenges and frictions between the
Judiciary and the media and journalists.
Consequently, it has also led to
exposure to law suits and action against
media houses and journalists leading to
sometimes huge monetary damages and
sanctions against media houses.
In 2020, Kenya Editors’ Guild published
a Guidelines manual for Court Reporting
with a view to curing this lapse. It was
important to undertake the study in
order to cater for this new crop of
journalists who are constantly joining
the newsroom and taking up court
reporting as a beat without the
requisite training that this beat
is required of.
During a meeting officiated by Justice
William Ouko, editors recognized this
need and called for a linkage between
the Judiciary training and journalists
on possibilities of collaboration.
Kenya Editors’ Guild exists to promote
professionalism and excellence in
journalism.
As gatekeepers, we are interested in
factual reporting on matters of public
interest.
KEG is focused on enhancing professional
standards in media,developing capacity
and providing opportunities for
reporters to excel in their reportage
and to serve their readers, listeners
and viewers from a perspective of
knowledge.
It is said that, even within the worst
of our stories, we can find a strange
kernel of hope, or if not hope, at least
a strand leading us there. It is also
true that we find in the oddest and most
trying circumstances, the most tender
realities that make us stronger, more
professional and more discerning.
As journalists, every electoral period
gets us there. It challenges us, it
places enormous burdens on our shoulders
but it also baptizes us, if we are brave
enough to bare the challenge, into
become better people, better
professionals and to have that
exhilarating feeling that we served our
nation right.
By its mandate to promote
professionalism and excellence in
Journalism, Kenya Editors’ Guild is,
therefore, happy to partner with the
Judiciary Academy, the Court Reporters
Association and the International
Foundation for Electoral Systems (IFES)
to execute this training.Indeed it began
with a Press Club
luncheon in February 2022, graced by the
Chief Justice Martha Koome, who gave
the go-ahead for the partnership.We are
grateful that through this partnership,
the training will add value and
critical knowledge for court reporters
in order to enhance better understanding
and wholes consumption of legal and
court matters to our audiences.
As we get to the climax of the season of
contested spaces, with the casting of
the ballot on Tuesday August 9, I urge
all journalists to seek to report
accurately on the elections. In this day
and age of fake news, verification of
information acts as a second layer of
defense not only to avoid legal
implications but also to help our
audiences to better understanding and
process legal matters. Journalists must
seek to verify all information before
they convey it for public consumption
not just because they owe it to the
public to give accurate information but
also because it is one of the key tenets
of journalistic professionalism.
Journalists must rise above the mist of
mediocrity, populism and bias into the
light of facts, reliability and
dependability. They owe it to their
audiences who always trust them to
convey the reality of what is happening
in the country but who, unfortunately,
sometimes find that the journalists they
trust often fall short of
this expectation.
As journalists we must be bold,truthful
and trustworthy where facts are
concerned. And we must resist being
what, Spiro Agnew, the 39th vice
president of the United States of
America called “pussyfooters, vicars of
vacillation and the hopeless, hysterical
hypochondriacs of history.”
“Media as an Enabler of Justice:
Responsible Court Reporting on Election
Disputes” exemplifies what journalists
must do everyday, both as a professional
requirement and as a duty of care. The
theme explains that if we do not report
correctly, we are doing injustice to
society and, ipso facto, losing the
trust of our readers and audiences.
Article 34 and 35 of the constitution
guarantee freedom of the media and
access to information,but these freedoms
are not absolute.They must be exercised
with limitations.
As we approach the General Elections, it
cannot be lost on us that contested
spaces may yield petitions in one seat
or another. Expectedly, this will be a
time of excitement for some and
disappointment for others. Journalists
must stand in the gap, as mediators, as
consolers as purveyors of correct
information and as the balm for wounded
souls, hopes and dreams.
As journalists, we must remember that in
the dark night of the soul, such as we
most probably will be experiencing next
week, and the days thereafter depending
on where our political aspirations are
domiciled, there is no map, there is
only a flickering luminescence of our
souls to light the way. We, the
journalists hold this torch to
illuminate, for the public, the path to
a greater understanding of issues.
One of the most celebrated journalists
in Britain, Charlotte Higgins, once
remarked: There is an alchemy whereby
you take factual information, which has
some connection, umbilical or
tangential, to public service and you
make it entertaining. How do you make it
entertaining (and digestible)? You
inject humanity and narrative.”We must,
as journalists, inject humanity and
narrative in our reporting. This is our
calling. This must be our narrative!
We hope that the training received will
allow reporters to write stories in a
manner that not only enables justice to
all parties but also enlightens in an
unequivocal, unambiguous and completely
clinical way the public that relies
almost wholly on the media to relay
correct factual and verifiable
information to them.Continuous training
to promote quality accurate and ethical
reporting in the courts should be
enabled for all journalists not just
during electoral periods but as an
everyday practice. Kenya Editors’ Guild
is happy to continue this partnership
post-election. It is our
hope that eventually we will come up
with short courses on legal issues which
will enable court reporters and even
editors report effectively in the
courts. It should not begin or end with
this electoral period.It must be a
continuous process. And we must remember
that in truth journalism has, to a
greater or lesser degree, been a battle
field that can be grim and dark and
strewn with human wreckage especially
during electoral periods. We, as
journalists, must be the sacramental
unction that gives hope to the people,
the anchor in the aftermath of broken
hopes, the faith in the hearts of the
victors but also the hope in the losers
who may feel that the election did not
serve them right but whom, in looking up
to the national media, feel that they
have a new day to hope for and a country
to live in after the election. This
must be our hope, this must be our
aspiration, and this must be what our
children and the young generation must
live for.
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