Media gagging and constitution review process

Some elements within the government are not sincere on the constitutional review process and are using the media gagging law, and some politicians, to scuttle the just released Harmonised Draft Constitution.

The Release Political Prisoners castigates (RPP) scolds at such a move and implores upon the two principals (His Excellency Mwai Kibaki and the Honourable Raila Odinga) to show leadership on the constitutional review process.

We are deeply concerned as to why the law gagging the media is being tabled at the same time when Kenyans are keen focusing on the Harmonised Draft Constitution, which strengthens freedom of the press and enhances democracy in the field.

RPP reminds Kenyans that the same conservative forces and elements that blocked reforms since 1990s are ganging together to scuttle the review process under the guises of gagging the media.

The debate about the executive powers and where they will hinge – with the president or the prime minister - are being taken a notch higher to cripple the review process altogether. The media law is being used as a scapegoat to lead to messing up of the review process and content.

As an organisation that has been involved in the review process we wish to highlight some facts;
a) that Kenyans have been fighting against imperial presidency in all manner of ways since the debate on review process begun in 1990s
b) that the CKRC report from the people and the Draft then reduced the powers of the president by proposing the country to have an head of state (president) and an head of government (prime minister)
c) that the Bomas Draft had the hybrid system which now is causing a lot of unnecessary heat
d) that Wako Draft also had the hybrid system in fact leaning on a presidential system
e) that the No vote of the then “Orange” was in support of the parliamentary leaning system which many are now opposed to
f) that some of those who opposed the Wako Draft then are now claiming they need a presidential system
g) that those calling for two drafts are not sincere and honest to Kenyans for they ought to have demanded for amendment of the law to have two drafts, something which civil society lobbied with no success! Why is the issue of two drafts enticing now yet they know the Constitution of Kenya Review Law demands for only one draft?
h) that if these politicians were genuine, they ought to have tabled an amendment law to the Constitution of Kenya Review Act being used by the Committee of Experts.

We appeal to
a) the president and the prime minister to discard the media gagging law in toto and lead the country towards a new democratic constitution that accommodates the views of the people since the review process begun in 1990s.
b) the media to name and shame those opposed to a new constitution through side shows and kicks.
c) Kenyans to ignore the conservative, egocentric and manipulative politicians espousing the system of government as the only issue that will deny Kenyans a new constitution. Some of these forces have been the same ones who have blocked reforms and are now moving in to silence the media before the debate on the constitution kicks off.
d) All genuine actors to unite and ensure that the country gets a new constitution this year.

We join the rest of the civil society and say Katiba Ni Sasa!

Signed by

Stephen Musau
Executive Coordinator

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