Press freedom in MPs’ hands as debate starts

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

In Summary

• MPs are Tuesday afternoon scheduled to consider the changes to the Kenya Information and Communications (Amendment) Bill proposed by President Uhuru Kenyatta when he declined to assent to the proposed law last week.
• President Kenyatta’s suggested amendments can only be overturned if two-thirds of the MPs — 233 members — turn up to vote against them. This, according to Kenya Correspondents Association chairman Oloo Janak, was the hardest part.
• The National Council of Churches of Kenya accused the government of seeking to claw back the freedoms that Kenyans have painfully gained over the years through introduction of draconian laws.

By JOHN NGIRACHU
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MPs Monday appeared to have softened their position on the controversial media Bill after a meeting with editors.

Officials of the Editors’ Guild and the Kenya Correspondents Association reported that House committee members had agreed to reduce the fines for individual journalists who flout the code of conduct from the proposed Sh500,000 to Sh100,000. The Sh20 million fine for media houses would also be reduced.

“All matters professional and ethical dealing with journalists shall only be dealt with under the Complaints Commission and the Media Council. We are very clear, we are in agreement,” said Editors’ Guild vice chairman David Ohito, who spoke to the Nation during a break from a closed-door meeting with the committee chaired by Jamleck Kamau (Kigumo, TNA). The talks were aimed at ironing out the differences between the MPs and the journalists before the Bill goes back to Parliament.

MPs are Tuesday afternoon scheduled to consider the changes to the Kenya Information and Communications (Amendment) Bill proposed by President Uhuru Kenyatta when he declined to assent to the proposed law last week.

Also to be debated today is the equally contentious Media Council Bill.

Last Wednesday, the Speaker of the National Assembly, Mr Justin Muturi, effectively shut the door on any improvements to the KICA Bill when he said: “The committee of the whole House considers only those matters which are specifically referred to it for consideration.”

He said only amendments to specific clauses in the Bill will be debated.

President Kenyatta’s suggested amendments can only be overturned if two-thirds of the MPs — 233 members — turn up to vote against them. This, according to Kenya Correspondents Association chairman Oloo Janak, was the hardest part.

“It behooves the MPs to come to Parliament, deliberate on this before they go on recess,” said Mr Janak.

The chances of Parliament marshalling the numbers to overturn the President’s amendments are slim.

The Order Paper last evening indicated that the committee chaired by Jamleck Kamau had adopted the President’s memorandum wholesale.

Mr Ohito said the appeal now is for MPs to show up and turn the media Bills in the right direction to keep Kenya’s media environment robust, free, fair and independent from State control.

SILENT PROTEST

Tuesdaymorning, journalists have planned a silent protest march which will start at Nation Centre, proceed through Moi Avenue, up Harambee Avenue and to Harambee House — the Office of the President — and then to Parliament Buildings. The journalists will also petition the Deputy President and the Attorney-General.

If the laws are passed, it is understood that the matter could be taken to the constitutional court for the Judiciary to give its interpretation. 

“Our stand still remains that should this laws pass, we are in court the first day it is published by Parliament,” said Mr Ohito.

Critics of the President’s memorandum have argued that the Constitution only provides for him to express reservations with a Bill but not prescribe changes, which would amount to law making. 

Besides the KICA Bill, the National Assembly is also set to pass the Media Council Bill at the Third Reading but unlike the norm, the amendments proposed by the committee had not been placed on the Order Paper by Monday. 

On Sunday, religious and trade union leaders, lawyers, human and civil rights activists, politicians and other professionals criticised the President’s proposed amendments to the Kenya Information and Communications (Amendment) Bill 2013, which they said were unconstitutional.

The National Council of Churches of Kenya accused the government of seeking to claw back the freedoms that Kenyans have painfully gained over the years through introduction of draconian laws. 

The umbrella organisation of protestant churches demanded the withdrawal of the controversial Bill and the Public Benefit Organisation Bill through which the government is seeking to have direct control of the media and NGOs respectively.

“By seeking to control the NGOs and the media, the government is essentially seeking to muzzle the institutions that hold it to account,” said the Rev Peter Karanja, the NCCK general-secretary.

But Monday, Mr Charles Nyachae, who chairs the Constitution Implementation Commission, yesterday said that although the KICA Bill raised constitutional questions, the the Constitution does not provide for self-regulation by the media.

He said some of the recommendations made by the President were consistent with the spirit of Article 34 the Constitution.