From the frying pan into the fire

PHOTO | STEPHEN MUDIARI The media centre at Parliament Buildings in Nairobi on June 6, 2013.  NATION MEDIA GROUP

In Summary

• On Friday, Majority Leader Aden Dualle suggested the government would back-pedal on the Bill
• He said they would now meet the President and the Speaker to talk about the issue

By JOHN NGIRACHU
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Last June, when Parliament pushed out journalists from the Media Centre, Speaker Justin Muturi was reminded that he didn’t author the idea to put up the centre.

Parliament was also reminded that funding came from the State University of New York.

Working with then Speaker Kenneth Marende, it was decided there should be a room within Parliament where journalists could cover proceedings and meet MPs for press conferences and interviews.

They had previously worked from under an awning popularly known as The Tent and interviews and press conferences were held there, with the noise from traffic in the background and when the weather allowed.

The Kenya Parliamentary Support Project was managed by Dr Fred Matiang’i and State University of New York, Kenya, established the media liaison office.

Ironically, it was Dr Matiang’i who is now the Cabinet Secretary for Information, Communication and Technology, who submitted the draft of the Bill which at 5.08pm on Thursday eroded the gains in establishing a free press.

The Bill was meant to have been passed by August 27 but the House added four months so that the views of all interested parties, including the Media Council, are heard.

This gave the communication committee enough time to pore over the written memoranda they would submit and then prepare a report for the House.

The committee met with the Ministry of Information and Communication, the Communication Commission of Kenya, the Media Council and Safaricom among others.

EXCESS POWERS

The major concern was that the Bill had proposed to give the Cabinet Secretary excess powers over the appointment of the panel that would select the board for the Communications Authority, which would replace the Communications Commission of Kenya.

There were also concerns about Dr Matiang’i’s relations with the committee and the fact that when they met representatives from the communications commission, a ministry official was present, ostensibly to listen in on their submissions.

At the Second Reading, Mr Jamleck Kamau, the chairman of communication committee, said they worked “under very hostile conditions” in the meetings to study the Bill.

“Sometimes we got some unkind words from the Cabinet Secretary responsible for Information Communication Technology, but we were not discouraged,” said Mr Kamau.

On Tuesday, October 15 there were less than 50 members in the chambers and there could thus have been no vote in line with a ruling by the Speaker.

At the Bill’s Third Reading on Thursday the amendments suggested by the committee were on the Order Paper and seen for the first time.

The most crucial was the creation of the Communications and Multimedia Appeals Tribunal which would handle complaints from or against the media.

Nine decisions the tribunal can take are open-ended and have become the source of alarm in the media.

After hearing the complaints, the tribunal can decide to “make any directive and declaration on freedom of expression.”

Another of its options would be to “order the offending editor of the broadcast, print or online material to publish the tribunal’s decision in such a manner as the tribunal may specify.”

It can also “impose a fine of not more than Sh20 million on any media that violated the law or the journalism code of conduct.”

It has the power to fine individual journalists “not more than Sh1 million” for violating the code. If the person or organisation are unable to pay, their bank accounts can be raided or their property sold off to pay the fine.

The tribunal also has the power to strike the individual off the register of journalists. (READ: Kenya joins states with repressive media laws)

BACK-PEDAL

On Friday, Majority Leader Aden Dualle suggested the government would back-pedal on the Bill.

“Laws are made for posterity not for short-term gains or to punish anybody. We expected the media to have been consulted and concurred with the committee,” he told the Saturday Nation.

“We expected the amendments to have a win-win situation for the government and the media. Now we are hearing there are some grey areas that have been overlooked.”

He said they would now meet the President and the Speaker to talk about the issue.

Dr Matiang’i was similarly conciliatory. “I would like to make this assurance for the people of Kenya, let us not panic. The press is not under attack in Kenya. There’s room for dialogue,” Dr Matiang’i said.