Kenyan journalists outraged by draconian media law

The Kenya Correspondents Association (KCA) wishes to express dismay and outrage over the passage of the Parliamentary Powers and Privilege Bill 2014 with clauses that clearly violate the Constitution of Kenya 2010 and which deliberately seek to undermine press freedom.

Part IV of the Bill touching on publications and broadcast, and particularly Clause 34 is a serious affront to press freedom and seeks to constrain journalists from doing their work. The clause provides for a fine of KES 500,000 (USD 5000) or a two-year jail term or both for a journalist deemed to have defamed parliament or members of the House or its committees.

The provisions clearly violate Article 34 of the Constitution, which guarantees press freedom and, by extension, violates Article 35 of the Constitution which empowers citizens to access information.

The National Assembly is a public institution with MPs elected by Kenyan voters who overwhelmingly approved the constitution. The National Assembly and the MPs in their own individual capacities are subordinate to the constitution and should not seek to undermine the provisions of that constitution, which Kenyans fought so hard and so long for, through blood and tears.

KCA joins other media industry stakeholders and Kenyans who believe in constitutionalism in expressing concern and alarm that the National Assembly has over the last three years consistently sought to pass legislation that deliberately undermine media freedom and seek to heavily punish journalists through hefty fines in an effort to intimidate and gag them from interrogating them as leaders and public institutions.

The draconian law passed by the National Assembly is likely to be easily replicated by the County Assemblies across the country, setting in motion a wave of intimidation and harassment of journalists and ultimately lead to censorship.

This trend will clearly undermine the media’s role as a public watchdog at a time when public officials and political leaders are bent on wanton looting of national resources and bringing back impunity.

It must be recalled that the same National Assembly passed the Media Act and the Kenya Information and Communication Amendment Act (KICA) 2013 despite protests by media stakeholders, Civil Society Organizations and other Kenyans, which led to public demonstrations by journalists across the country on December 3, 2013.

The constitutionality of the two laws was challenged through a suit at the High Court in January 2014 by KCA, Kenya Editors Guild, Kenya Union of Journalists and other media groups. The hearing of the case is expected to start in the next two weeks.

The same National Assembly passed the Security Law Amendment Bill 2014 which also had draconian provision against the media, which among others, sought to bar journalists from publishing information and pictures on terror attacks and victims without permission from the police. Luckily, the sections were expunged by the High Court.

We find it mischievous and an act of bad faith for the Speaker of the National Assembly and the MPs through the relevant committees to purport to engage stakeholders for input and then turn around and ignore their views and concerns.

Since July 2014, the Speaker of the National Assembly Hon Justin Muturi and Members of Parliament, including the mover of the motion, Hon Adan Keynan, MP for Eldas, Wajir County, have had several consultative meetings with media stakeholders during which they assured us that our views and concerns over threats to press freedom would be taken into account, only for them to pass the Bill with the offending clauses.

KCA wishes to appeal to the Senate to delete the offending clauses when it debates the Bill and to President Uhuru Kenyatta not to assent to the Bill in its current form but instead return it to parliament for review with stakeholders input.

KCA and the other media industry stakeholders are consulting with a view to considering various options, including going to court, to stop this clearly planned onslaught against media freedom and other civil liberties for which Kenyans fought so hard.

We urge all Kenyans, who we know, value free speech, access to information and the importance of the media to support efforts to restrain parliament and MPs from passing self- serving laws in an effort to avoid public scrutiny.

* William Oloo Janak is Chairman, Kenya Correspondents Association.