Media bill contravenes the constitution

The Kenya Information and Communication Bill totally goes against all that the Constitution stands for in terms of freedom of speech and the freedom of the Media. According to the Constitution, it is illegal for the government to “interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium”. The Constitution goes further to prohibit the state from penalising anyone for any opinion or view (freedom of speech).

This Bill establishes an all-powerful media tribunal which is a team appointed by a panel selected by the Cabinet Secretary and has a myriad of powers. The tribunal is allowed by the Bill to do whatever it wants to ensure that its orders and directives are effected. Some of the powers of the tribunal include to come up with a code of conduct for all journalists and media houses, contravention of which would result in hefty individual fines of up to Kshs 1 Million per journalist or Kshs 20 Million for media houses or enterprises, failing which then the government can raid their bank accounts to recover this money and possibly seek to have them declared bankrupt. This tribunal can also recommend the suspension or removal of a journalist from the register of journalists for not abiding by this code of conduct.

Kenyans have for several years fought for this Freedom of press and of Speech, and to have the National Assembly in one sitting and with the vote of a mere 60 members attempt to bring this freedom to an end ideally is taking us back to the dark days. The members of the National Assembly let the media fraternity down and betrayed everything that we have fought for in terms of Freedom of the Press. The media is an important tool in a democratic state and it is in fact an instrument to keep the government in check. Gagging the media is a sign of cowardice and shows that the government doesn’t want to be monitored or kept in check. We wonder why...

We therefore call upon President Uhuru Kenyatta to reject that Bill in its entirety until it is redrafted keeping the principles of the Constitution in mind. Failure to hear the voices of reason, means that the president will be going against the Constitution he swore to protect.

Signed

Eunice Oloo, Acting Executive Coordinator, Rights Promotion and Protection Centre