Awareness-Raising Campaign for Tribunals in Kenya: A Case Study of Communication and Multimedia Appeals Tribunal (CAMAT)

Awareness-Raising Campaign for Tribunals in Kenya: A Case Study of Communication and Multimedia Appeals Tribunal (CAMAT)

Hon. Nyabuti Damaris Kemunto

Dharkemmy Corporate Communications LTD (DCCL)

DOI: https://dx.doi.org/10.47772/IJRISS.2023.7831

Received: 03 May 2023; Accepted: 23 June 2023; Published: 05 September 2023

BACKGROUND

The tribunal was created according to Section 102 of the 2013 Kenya Information and Communication (Amendment) Act. It has the authority to hear appeals against the rulings of the industry’s regulators, the Communications Authority of Kenya and the Media Council of Kenya, as well as complaints from any citizen who feels wronged by an action or ruling of licensees that are telecommunications service providers under the Kenya Information and Communications Act. It also has the authority to hear complaints against any publication or conduct of a journalist or media enterprise.

Tribunals are crucial to Kenya’s justice system because they help the majority of the business class of people quickly access justice while also relieving burden on the courts. A few of the roles are:

To determine

1. Complaints from dissatisfied individuals about any publications or the conduct of a journalist or media enterprise.
2. Appeals from individuals who are dissatisfied with the Media Council or the Communications Authority of Kenya (‘the Authority’).
3. Complaints from any citizen who is dissatisfied with an action or decision made by licensees who provide telecommunications services under the Kenya Information and Communications Act.

Functions of Communications & multimedia Appeals Tribunal (CAMAT)

• Complaints from dissatisfied individuals about any publications or the conduct of a journalist or media enterprise.
• Appeals from an aggrieved person against decisions and/or actions of the Media council or the Communications Authority of Kenya (‘the Authority).
• Complaints by any citizen who is aggrieved by an action or decision of licensees who are telecommunications service providers under the Kenya Information and Communications Act.

1.1    Establishment of Tribunals in Kenya

Tribunals are established in Kenya under various statutes to resolve disputes arising from the administration or application of the parent statute. Prior to the adoption of the Kenyan Constitution, establishing Acts established Tribunals within Sectoral Ministries under the executive branch of government, with their members appointed by and accountable to the respective Ministers. The 2010 Constitution consolidated and vested all judicial authority in the Judiciary, to be exercised by the courts and tribunals that comprise the Judiciary, in order to rationalize and clarify the roles of various state organs. Article 159 (1) delegated judicial authority to courts and tribunals, while Article 169 (1) defined subordinate courts as local tribunals established by an Act of Parliament.

Tribunals are legislative bodies established to perform judicial or quasi-judicial functions. They supplement courts, which are frequently marked by numerous challenges such as high fees, complex rules and procedures, and lengthy processes. Tribunals are common in Commonwealth jurisdictions, and they supplement ordinary courts not only by reducing court pressure, but also by providing faster, simpler, and more specialized dispute resolution.

1.2 PROBLEM STATEMENT

In Kenya, over 38 tribunals have been established under various Acts of Parliament. However, the general public is unaware of the Tribunals’ role or what their mandate is. It is critical to communicate, educate, and raise awareness about the various tribunals in Kenya and their mandates.

Awareness-raising is the process of informing and educating people about a topic or issue in order to influence their attitudes, behaviors, and beliefs toward the achievement of a specific purpose or goal. It has the ability to mobilize the power of public opinion in support of a cause, influencing the political will of decision makers. There are numerous awareness-raising strategies, methods, and tools available for conveying and spreading messages, as well as gathering the necessary support to influence public opinion.

Depending on the topic, activities such as issuing press releases, briefings, and commentaries; disseminating reports, studies, and publications; making written or oral submissions to parliamentary committees and inquiries; working with the media; holding public meetings and events; convening conferences and workshops; and creating and contributing to educational materials may be included in awareness-raising efforts. Radio, television, video, film, the internet, social media, mobile phones, newspapers, newsletters, leaflets, poster campaigns, and the arts can all be used to disseminate information. Stickers, logos, t-shirts, armbands, bracelets, and banners are examples of visual tools that can be used.

Despite notable achievements, numerous long-term issues remain. In Kenya, a legal framework governing media operations has been established. The goal is to encourage media law reform in Kenya, allowing the media to better fulfill its role of providing relevant news and information to the public and serving as a vehicle for government-citizen debate and discussion.

1.3 SITUATION ANALYSIS

The need to create, control, and manage a brand for the Tribunals is critical because public perception influences litigants’ confidence. The public’s perception of the Tribunals is influenced by their understanding of their mandate and operations. Due to a lack of appropriate policy and proper strategy, public outreach and dissemination of information on Tribunals has either been neglected or undertaken on an ad hoc basis over the years. Existing communication platforms, such as print and digital media, have not been fully utilized.

The Action Plan aims to improve the problem by improving the Tribunals’ communication management. Implementing the Judiciary’s media rules will be necessary to guarantee uniformity and effective coordination of internal and external communication. Enhanced public awareness, a proactive and engaged social media strategy, a website or websites review, and outreach programs are some of the major strategic interventions.

A public feedback mechanism will be established, including, among other things, the creation of a separate channel for reporting and complaint handling on Tribunals, with appropriate links to the Office of the Judiciary Ombudsman. User satisfaction and feedback will be tracked in order to maintain high service delivery standards. It will also establish a working relationship with Court stations to discuss potential collaboration for providing space for Tribunal registries and customer care. The Office of the Registrar Tribunals will establish a Court Users Committee in each Tribunal, which will contribute to the Tribunals’ inclusive management.

Through user satisfaction surveys and the analysis of data from customer service desks, official social media sites will be operationalized to promote communication and awareness of Tribunals.

List of Tribunals

The Tribunals that have been transited to the Judiciary in this manner are:

1. Business Premises Rent Tribunal
2. Communications and Multimedia Appeals Tribunal
3. Competition Tribunal
4. Cooperative Tribunal
5. Copyright Tribunal
6. Education Appeals Tribunal
7. Energy and Petroleum Tribunal
8. HIV & Aids Tribunal
9. Industrial Property Tribunal
10. Legal Education Appeals Tribunal
11. Micro and Small Enterprises Tribunal
12. National Civil Aviation Administrative Review Tribunal
13. National Environment Tribunal
14. Political Parties Disputes Tribunal
15. Public Private Partnership Petitions Committee
16. Rent Restriction Tribunal
17. Sports Disputes Tribunal
18. Standards Tribunal
19. State Corporation Appeals Tribunal
20. Transport Licensing Appeals Board

Communication and Multimedia Appeals Tribunal (CAMAT)

SWOT Analysis (of the campaign)

INSTITUTION OBJECTIVES

• To raise public understanding of Kenya’s current tribunals and their responsibilities.
• To inform the public about the purpose and duties of tribunals
• To educate the public about the several types of tribunals that exist in Kenya.
• To promote and guarantee public participation in Tribunal initiatives and activities

Communications Strategies- Key Issues

• PR & Media Relations
• Corporate identity & CSR
• Stakeholders’ engagement & Community Relations.
• Public affairs
• Digital Media Engagement – ( Social media)
• Risk,Issues & Crisis Management
• Corporate Image Brand Positioning
• Special events Planning & Promotion

2. Internal Communication

• Digital
• Face to face
• Hybrid- (Combined internal/external approach)

3. Public awareness and information sharing

• Stakeholder mapping and analysis
• Establish Tribunal User Committees in each tribunal
• Media Liaison
• Capacity Building for the stakeholders
• Create a working relationship with Tribunal stakeholders
• Issues & Crisis management

4. Enhance visibility of the Tribunal

• Image management & Branding.
• Content Creation and dissemination
• Identification of suitable communication strategies, tactics & channels
• Establish the presence of tribunals in the Court stations

PR /Campaign Objectives-

1.  Strengthen internal communication
2. Engage a robust an awareness-raising and information sharing campaign
3. Enhance Tribunals visibility & publicity

Tactics

Target Audience

• Media owners & Practitioners
• Telco Companies – licensees
• Postage & courier services
• Broadcast -TV Radio, ( both digital & analogue
• Litigants

Messaging.

• What is a tribunal, its mandate, jurisdiction, powers and contacts?
• Why should I present my claim to the tribunal?
• Where and how do I lodge my claim?
• What is the process of handling complaints?
• Do I need a lawyer?
• How long will it take to solve my dispute/complaint?
• Where can I get more information about the tribunal?
• How can I get involved?

EVALUATION

1.4 Theories

Situational Theory

Identifying a target audience with whom to communicate messages is the first step in the four-step process of public relations. Public relations professionals can use situation theory of publics to divide large groups of people into smaller groups based on three variables. Each of these groups has a unique approach to gathering and processing information about a topic. Public relations professionals will be more successful in developing tactics and delivering messages that will achieve their objectives if they divide people into groups based on problem recognition, constraint recognition, and level of involvement. These goals are usually to convert an uninformed and uninvolved public into an informed and involved public.

Professionals in public relations should use the situational theory of publics since it provides asummary of the many public kinds. Professionals in public relations frequently have to convey a message to an audience.

INTRODUCTION

This article will examine the situational theory of publics’ factors and explain how and why public relations experts can utilize it to build campaigns. According to the situational theory of publics, which is a communication theory, there are four publics that can be distinguished based on how well-known and engaged they are with a particular group or topic. It contributes to the understanding of why particular publics are active or inactive in their quest for knowledge. Additionally, it clarifies how a population behaves after processing information.

Each of the four publics should get a message that has a specific aim in mind. Both the general public and the general public need to be informed on an issue in order to participate. The situational theory of publics explains how people are assigned to one of the publics using three variables.

Theory Description

1. E. Grunig (1968) created the Situational Theory of publics. He postulated that there are particular factors that determine whether someone is included in one of the four publics. Problem recognition, constraint recognition, and level of involvement are these three factors (Grunig, 1989). Public relations experts can place a person into one of the four publics by knowing how they relate to each variable. The methods used by the four publics to obtain information about a situation vary. Additionally, once the public has had time to assimilate the facts, they react to a situation differently (Aldoory, 2010). Following classification, experts can create a plan based on the audience’s anticipated behavior to communicate with them in the most effective way possible.

To comprehend the situational theory of publics, one must first comprehend what the theory seeks to quantify. There are two dependent variables in this theory. Active and passive communication behavior are the variables in question. The two are also known as information seeking and information processing (Grunig,1989). People gather information about a topic through information seeking. They are more likely to be part of a “aware” or “active” public if they go out of their way to find stories and information about a topic. Information processing is the process by which people deal with information that is presented to them.

The situational theory of publics is built around the idea of active or passive information gathering and processing. Regarding a circumstance or subject, every person belongs to one of the four publics (Major, 1998).

1.5 JUSTIFICATION

Campaigns to raise awareness of CAMAT will focus on the need to inform and enlighten the different Kenyan stakeholders who are impacted by the rulings of CAMAT and other Kenyan appellate courts, as well as the general public, etc. The ultimate goal of these initiatives is to bring about long-lasting changes in perception and attitude. Raising awareness focuses on increasing people’s and organizations’ knowledge.

INTEGRATED MARKETING AND ADVERTISING

 EVALUATION

Evaluation of the campaign  was based on objectives of the campaign mirroring the institutional objectives.

RESEARCH

LITERATURE REVIEW

Over 38 Tribunals were formed in Kenya under various Acts of Parliament. However, the general public is unaware of the Tribunals’ function or what their authority is. It is crucial to inform people about the many Tribunals Kenya has and what their responsibilities are. The reform of national judicial systems has gained more attention from the international community in recent years. Governments and international players are increasingly emphasizing the need to develop legal frameworks and judicial institutions in order to combat corruption, draw in investment, address inequality, enhance security, and increase citizens’ access to resources.

Better tools for evaluating justice systems are now required in order to identify the key factors influencing how the justice system functions as a result of the increasing attention and interventions in the field. A sizable set of indicators evaluating many facets of judicial systems has been produced by think tanks and international organizations active in the topic. Governments, public society, and foreign partners presently use existing indicators to evaluate judicial systems, track advancement toward certain objectives, and provide benchmarks against which governments’ adherence to the rule of law can be measured and trends recorded.

The ability of citizens to access justice institutions to address their complaints and settle disputes has come to be seen as a crucial component of development, human rights, democracy, and the rule of law in a context of growing interest and engagement in the reform and strengthening of justice systems. Numerous studies and evaluations have focused on access to justice, and indicators have been created and put into place to monitor progress and gather information on factors that both make it difficult for individuals to access legal systems and make it easier for them to do so.

“Measures of institutional performance and compliance with international rules, surveys of user experience and perception, broad indices and ‘baskets’ of indicators that try to aggregate multiple ideas” are just a few of the countless indicators that are available (Berg and Desai 2013). Indicators may reflect aspects of the demand for justice or the supply side of justice (i.e., the organizations and people providing justice services) (i.e., the intended users of such services).

PR is most effective when the Senior PR Manager is a member of the dominant coalition where he or she is able shape the organization’s goals & help determine which external publics are most strategic (Grunig 1992: 156). Awareness-raising and dissemination of information about the  Tribunals  is critical to create an enabling environment for accountability, promote participatory and inclusive processes for follow-up and review, and build ownership of accessing justice Agenda

 STAKEHOLDER MAPPING

Stakeholder theory gives public relations professionals a theoretical foundation to deepen their comprehension of how people, groups, and outside organizations affect their business. Stakeholders are crucial to segmenting and analyzing the public. Many alternative methods of identifying important stakeholders or publics have been offered by experts in stakeholder management and public relations. The issue “How much attention does each stakeholder group deserve or require?” is at the center of these efforts. Rawlins has given his consent for this section to be updated (2006). Winn emphasized that stakeholder management be about managing stakeholders’ potentially competing interests because it is impossible for all stakeholders to have the same demands of and interests in the company. 133–166 in Winn (2001).

Organizations must decide who to pay attention to, who to pay more attention to, and who to disregard after identifying their stakeholders. Many companies face the conundrum of having to trade off the requirements of one stakeholder for the needs of another. It is crucial to the organization’s success that each stakeholder has been given priority based on the circumstances when these conflicts develop.

A stakeholder is a person or group that has an impact on or has the potential to influence an organization’s success. Freeman (1984). States that Groups with interests in the corporation, regardless of the corporation’s stake in them, are now included in the definition. The people that are most frequently categorized as stakeholders within an organization are employees, clients, shareholders, communities, and suppliers. The terms “stakeholder” and “public” were distinguished by Grunig and Repper in the following ways: However, “publics arise on their own and choose the organization for attention,” despite the fact that organizations select stakeholders based on their marketing strategy, hiring practices, and investment plans. p. 128 in Grunig and Repper (1992). This categorization was based on John Dewey’s idea of the public:

That it is a group of people who face a similar problem, recognize the problem, and band together to solve it. Dewey (1927). As a result, when a problem is identified and addressed, the public organizes from among the stakeholders.

This second section will present a model that progresses from broad attempts to identify all stakeholders to the more specific need of identifying key publics for communication strategies. The model is situational, and the priorities of stakeholders and the general public will shift depending on the circumstances.

Mendelow’s Stakeholder Analysis Matrix

CAMAT STAKEHOLDER ENGAGEMENT TEMPLATE

PUBLICS -SEGMENTATIONS

7 – 17 Years

Including information about the tribunals in school curricula is a fantastic way to raise awareness. Parents in this audience, who are between the ages of 25 and 35, have sway over them.

18 – 25 Years

Young professionals who are committed to learning through postsecondary education as well as club and society affiliations are among the audiences in this age range. The demographic consumes a lot of digital material. However, platform preferences could vary, necessitating the use of dynamics while creating content. Their distinctiveness: They drive social media trends, influencers, and squad mentality.

25 – 30 YEARS

The age group consumes a lot of broadcast and internet media (TV & Radio). strong commitment to professional development and issues of national significance. Most belong to organizations and associations for professionals. However, the platform preferences may vary, which is why it’s important to incorporate dynamics when creating content. The age group is special because of their discretionary income, which enables them to engage in animal pastimes that are full of excitement. The majority are in a position to comprehend technical issues of animal protection and impact them.

RESEARCH METHODOLOGY

This study is a single case study of Kenyan judicial tribunals. The study made use of qualitative data derived from both primary and secondary sources. The situation analysis entailed reviewing various internal and external documents, such as judicial reports, Kenya gazettes, publications, and other reports containing information on the Tribunals provided by the Judiciary, in order to identify problems and reforms in the judicial systems. The qualitative approach was chosen due to its suitability for interpreting and comprehending the respondents’ experiences and expectations. Secondary data was gathered by administering a questionnaire to various Tribunal stakeholders, including management, staff, and legal practitioners. 30 respondents were interviewed to gather information on strategies for improving image and fairness.

Samples of 30 respondents were interviewed to collect information on the strategies for improving the image and competiveness of Tribunals. Data was analyzed using thematic summaries to draw findings.

See appendix 1 for the questionnaire

RISK ANALYSIS & PLAN

In managing communications-related disputes, the Communications and Multimedia Appeals Tribunal should take a risk-based approach. Risk assessment assists organizations in establishing priorities and allocating resources to address tribunal issues.

Figure: CAMAT Risk analysis template

KEY FINDINGS

From all indications there is a lack of a Communications Strategy by the tribunal on its mandate and functions. A big part of the population and regular court users showed little knowledge on the tribunal. This lack of a communications strategy has led to a limited conversational content due to lack of information and skills on information technology issues and use.

On the other hand, there exists a professional/career averseness to social media. There is a sizeable population that don’t look at social media platforms and their subsequent engagements as part of a professional career.

Consequently, the growing unaddressed misinformation & negative perception keeps eroding the trust & confidence of the masses and most especially its users.

In this regard, CAMAT needs to quickly address its huge gap on a positive public relations exercise that would create a buzz and sense of need for its existence and use. This campaign would be the beginning of its success or positive impact to access to justice to many people especially those directly involved in information technology sector.

2.1 PUBLIC RELATIONS OBJECTIVES

1. Create awareness on the role and mandate of the tribunals and their contribution to access to justice.
2. Inform and educate the public on tribunal’s functions, associated costs and processes.
3. Encourage the public and litigants on lodging of cases especially on civil disputes.

2.2 RECOMMENDED PUBLIC RELATION STRATEGY

The recommended public relations strategy would be a hybrid of a PR and media engagement as well as community stakeholders’ engagement.

The main goal of the PR and media engagement is to create awareness and pass information. Further it helps create, organize, and measure effectiveness. On the other hand, the Main goal of stakeholder engagement is to build mutually beneficial relationships and networks.

On the first instance, CAMAT will undertake PR and media engagement to create traffic and need for its services while addressing concerns and feedback from the public and stakeholders.

Further, CAMAT will seek to engage specific stakeholders who have shown interest in collaboration. These specific engagements will further seek to create a demand for its services and as well as position the tribunal as customer-oriented organization which puts its customers first.

To increase customer experience and awareness the tribunal should rebrand and refresh its website. The website will have a user-friendly interface and also IEC materials on the functions and mandate of the tribunal.

CONCLUSION & RECOMMENDATION

Tribunals play an important role within the justice system in Kenya by not only reducing pressure on courts but also assisting the mainly commercial class of people access justice in an expeditious way.

Of course, the media regulations passed by Parliament in 2103 were not well-received by stakeholders and instead tried to restrict media freedom. It is also acknowledged that issues surrounding egregious violations of journalistic ethics by media professionals need to be addressed.

The tribunal members are asking the public and media stakeholders for assistance in helping the tribunal fulfill its mandate since they recognize the enormous work ahead of them. Additionally, they should cooperate to achieve the shared objective of professional journalism, which is founded on outstanding reporting, gender sensitivity, and the enshrinement of fundamental ethical and professional standards, such as fairness, accuracy, truthfulness, and objectivity.

APPENDIX 1

INTERVIEW QUESTIONS

1. Have you heard or interacted with the tribunal before?
2. In your opinion what factors are contributing to the low uptake of services at the tribunal?
3. What would be the ideal short-term solutions to these problems?
4. Tribunal are underfunded, are your solutions sustainable?
5. Do you think/believe there is a lack of trust with the tribunal?
6. If yes? Are they structural or administrative?
7. If no? what supports, your basis?
8. Do you believe the tribunal has relevance with the current legal systems?