law is to guide

1. MASENO UNIVERSITY
CITY CAMPUS
SCHOOL OF ARTS AND SOCIAL SCIENCES
DEPARTMENT OF MASS MEDIA AND COMMUNICATION TECHNOLOGY
COURSE TITLE: MEDIA LAW AND ETHICS
COURSE CODE: ADJM 0107
LECTURER: OKOYO AWINO PATRICK
NAME: ODHIAMBO VINCENT KELLY
ADM: DIP/BA/0050/2014
DATE: 29TH JUNE 2015
TASK: Examine the dimensions of the doctrine of separation of powers and applaud the
role of the Media in a democratic government. (15 Marks)

2. MEANING OF SEPARATION OF POWERS
The doctrine means that specific functions, duties and responsibilities are allocated to
distinctive institutions with a defined means of competence and jurisdiction. It is a separation
of three main spheres of government, namely, Legislative, Executive and Judiciary. Within
the constitutional framework the meaning of the terms legislative, executive and judicial
authority are of importance:
(a) Legislative authority – Is the power to make, amend and repeal rules of law.
The Legislative constitute of the following an upper house – the Senate
● Each of the 47 counties will have a Senator
● A senator elected by the voters.
● Tentative total number of Senators will be 60.
● Presides over presidential impeachment hearings (article 145)
A lower house – the National Assembly( states that)
● Each constituency (290 the number gazetted by Independent Electoral and Boundaries
Commission in October 2012).
● Majority of the Members of National Assembly will be directly elected by voters
● There will be a Women's Representative MP elected from each county – therefore
guaranteeing a minimum of 47 women MPs in the National Assembly.
● Tentative total number of MPs will be 347.
● Votes to investigate and impeach the president (article 145)
County Assemblies and Executive
● The country will be divided to approximately 47 counties – the counties are
comparable to the current districts.
● Each county will have a County Executive headed by a county governor elected
directly by the people and;
● A county assembly elected with representatives from wards within the county.
(b) Executive authority – Is the power to execute and enforce rules of law.
The executive at the top most levels will be constituted of a president, deputy president and
the Cabinet.

3. Key functions of the president
● Shall be the Head of state & Head of government of the Republic of Kenya.
● Shall not be a member of parliament
● Commander-in-Chief – and will declare war and state emergency upon approval by
the National Assembly and Cabinet respectively.
● Head of Government – will wield executive authority and will co-ordinate and
supervise all major sections of the executive branch.
(c) Judicial authority – Is the power; if there is a dispute, to determine what the law is and
how it should be applied in the disputes.
Supreme Court – highest judicial organ consisting of the Chief Justice, the Deputy Chief
Justice and five other judges. This court will handle appeals from the Appeals and
Constitutional courts. It will also preside over presidential impeachment proceedings.
● Court of Appeal – will handle appeal cases from the High Court and as prescribed by
Parliament. It will constitute not less than 12 judges and will be headed by a president
appointed by the chief justice.
An independent Judicial Service Commission has been set up to handle the appointment of
judges. They will recommend a list of persons to be appointed as judges by the president (this
article will be enforced after the transitional period). The commission will consist of the
following:
● A Supreme Court judge – elected by members of the Supreme Court to chair the
commission
● Court of Appeal judge – elected by members of the Court of Appeals to chair the
commission
● The Attorney-General
● Two advocates, one a woman and one a man, each of whom has at least fifteen years'
experience, nominated by the statutory body responsible for the professional
regulation of advocates
● One person nominated by the Public Service Commission.
The doctrine of separation of powers means ordinarily that if one of the three spheres of
government is responsible for the enactment of rules of law, that body shall not also be

4. charged with their execution or with judicial decision about them. The same will be said of
the executive authority, it is not supposed to enact law or to administer justice and the judicial
authority should not enact or execute laws. Lord Mustill in Rv Home Secretary defined the
doctrine of separation of powers in England as: ‘It is a feature of the peculiarly British
conception of the Separation of powers that Parliament, the executive and the courts have
each their distinct and largely exclusive domain. Parliament has a legally unchallengeable
right to make whatever laws it thinks right. The executive carries on the administration of the
country in accordance with the powers conferred on it by law.
The courts interpret the laws, and see that they are obeyed
The origin of the doctrine of separation of powers
The modern design of the doctrine of separation of powers is to be found in the constitutional
theory of John Locke (1632-1704). He wrote in his second treaties of Civil Government as
follows: ‘It may be too great a temptation for the human frailty, apt to grasp at powers, for the
same persons who have power of making laws, to have also in their hands the power to
execute them, whereby they may exempt themselves from the law, both in its making and
execution to their own private advantage’.
It is clear that he was advocating the division of government functions into legislative,
executive and judicial. However it is the French philosopher (jurist) Montesquieu (1689–
1755) who is usually credited with the first formulation of the doctrine of separation of
powers. He based his exposition on the British Constitution. In the pertinent chapter of his
well celebrated work, L’ Esprit des Lois (1748), he purported to describe the British
Constitutional system of the 18th Century so that it might serve as an example to France of a
political dispensation founded on liberty, which according to him, was the supreme objective
of a political society. JD van DerVyver observed that Montesquieu was a poor observer,
since the British constitutional system did not comply then, neither does it today, with the
basic norms of the idea of separation of powers. Even if it were so, Montesquieu’s analysis of
the British system, is generally accepted as political ideal which is worth pursuing.
Montesquieu recognized the three basic pillars of state
applaud role of media in democratic government
. The Role of the Media in the democratic society (Situational analysis in the countries of
Africa)

5. ● Thomas Jefferson once said that if he had to choose newspapers or newspapers
without a government, he would pick the latter.
1. Media must be free of the following
● Censorship
● Self-censorship
● Control of the government
● Physical and moral pressure
● Political prejudice
2. Service to the people
● to inform responsibly
● to challenge those in power (government, parliament, local authorities)
● communicate and maintain social relations between social groups effectively
3. Main principles
● not to mislead the public
● reproduce events accurately (reflect the most accurate picture of happenings)
● the right for freedom of expression
● being in-between the political parties and society
● being in opposition to government when it concerns human rights protection
6. In the Central Asia the media used for propaganda of interests if parties, government
officials, businessmen, MPs, criminals etc. via:
● promoting reforms, ideas, decisions favorable only for those in power
● creating positive or negative images
● biased coverage
● Custom journalism
7. Social Media in Africa
● work as alternative source of information
● allow to communicate actively and openly
● allow to call to account those in power
● Accordingly the social media partly function as traditional media should function in
the democratic government
References

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Disengagement" in N. Chazan and D Rothchild, (ed) The Precarious Balance: State Society
in Africa. West View Press, Boulder and London.
Bayart, Jean-Francois. 1986. "Civil society in Africa," in Patrick Chabal, (ed)Political
Domination in Africa. Cambridge University Press.
Daily Nation, Thursday, July 26, 1996.Huntington, Samuel. 1968. Political Order in
Changing Societies. Yale University Press.
Hyden, Goran. 1996. "Civil Society and Governance." Paper presented at the Governance
workshop, Mount Meru Hotel, Arusha - Tanzania, May. Ng'ethe, Njuguna, et al, 1990.
"Government - NGO Relationship in the Context of Alternative Development Strategies in
O'Donnel, G. and Schmitter, P. C. 1986. Transitions from Authoritarian Rule; Tentative
Conclusions about Uncertain Democracies, Baltimore: Johns Hopkins University Press.
Owiro, A. Okoth. 1992. "Laws and ethical decision-making in news processing in Kenya:
Problems and Prospects." in Magayu and Kabatesi (eds) A new democratic error? A
publication of the School of Journalism, University of Nairobi, Kenya.
Rothchild, David, and Chazan, Naomi, (ed) 1988. The Precarious Balance; State society
Relations in Africa, Westview Press. Boulder and London.
Rukwaro, George. K. 1992. "The press laws and evolution of a multiparty state in Kenya." in
Magayu and Kabatesi (eds). A New Democratic Error! Publication of the School of
Journalism, University of Nairobi.
Wanyande, Peter. 1995. "Mass Media State Relations in Kenya