House team wants MPs to reject Uhuru's changes to media Bill

MPs in the House during a past session. MPs Monday appeared to have softened their position on the controversial media Bill after a meeting with editors. Photo|FILE  NATION MEDIA GROUP

The House Committee handling the two Bills on regulation of the media is seeking to lobby MPs to vote down President Uhuru Kenyatta's changes to the media Bill.

The Energy, Information and Communication Committee Tuesday evening got 24 more hours to meet interest groups, flesh out necessary changes and lobby MPs to reject the proposed changes.

(Read: Press freedom in MPs’ hands as debate starts)

Committee chairman Jamleck Kamau also reported that the talks with the Media Council of Kenya, the Editors’ Guild and other interested parties were making good progress.

As he asked Temporary Speaker Moses Cheboi (Kuresoi North, Kanu) for the Bills to be removed from the Order Paper, Mr Kamau asked MPs to show up in the House on Wednesday afternoon to overturn the President’s memorandum.

“The committee in the last two days have been engaging the media stakeholders and I’m happy to report that we have actually gotten a compromise,” said Mr Kamau.

He said another meeting was scheduled for 5pm Tuesday evening and they would then consult the Attorney General and the Commission on the Implementation of the Constitution to verify that whatever they agree on is “completely constitutional.”

“I would like we defer this to tomorrow afternoon so that we can be able to mobilise Members of Parliament because any amendments to (the Kenya Information and Communications Amendment Bill at this stage) will require 233 members,” Mr Kamau said as he made the request.

“I request members to be available tomorrow at 2.30 so that if we can get the 233 members in the House, we can move together in one direction and we would really be very very happy,” said Mr Kamau.

Mr Cheboi granted the request and the consideration of the President’s memorandum on the KICA Bill and the Third Reading of the Media Council Bill is now scheduled for Wednesday afternoon.

REVERSE PRESIDENT'S DECISION

Even if the committee and the media interest groups agree, the Constitution states that it would require 233 MPs to vote to reverse a decision of the President once he rejects a Bill.

The request was granted hours after journalists presented a petition to Parliament and delivered another to the Office of the President at Harambee House on the two Bills.

Cord MPs David Ochieng’ (Ugenya, ODM) and Opiyo Wandayi (Ugunja, ODM) however appeared to have a different opinion on how matters ought to have proceeded and they complained immediately the decision was made.

Mr Ochieng argued that the House appeared to have acted in vain when MPs agreed with a request by Deputy Majority Leader Dr Naomi Shaaban to have the National Assembly meet up to whenever the scheduled business is ended.

“We were making that decision based on the fact that there was a heavy issue to discuss especially based on the Kenya Information and Communications (Amendment) Bill. Why would you be allowing this House by extending time without a reason…?” he asked.

Mr Wandayi reasoned along the same lines and reminded his colleagues that Speaker Justin Muturi had said the memorandum from the President would be considered on December 3.

“I’m not sure at what stage the committee chaired by the Honourable Jamleck Kamau can be seized of this matter. I don’t find anywhere in the Standing Orders or the Constitution where the committee is supposed to take over a matter that has gone through the House to the President for assent and been referred back to the House,” he said.

He said he didn’t understand in what circumstances the discussions going on “between the committee and some people” were placed.

But Mr Cheboi quickly assured him all was in order because once the Bill was referred back to the National Assembly, a committee of the same Assembly is within its rights in seeking to have a look at it.

Parliament has also been presented with another petition on the same matter by the Civil Society Organisations Reference Group on the KICA Bill and the changes to the Public Benefit Organisation Act via the Statute Law (Miscellaneous Amendments) Bill.