ODM changes tune on media Bill

ODM could move to court to block the Kenya Communications (Amendment) Bill should President Kibaki sign it into law against Kenyans’ wish, a Cabinet minister said on Saturday.

“The position of ODM as far as the media Bill is concerned is that it should not have been there,” said Mr James Orengo of Lands, adding that his party is opposed to the Bill because it is unconstitutional.

The Bill goes against Section 79 of the Constitution that guarantees freedom of expression, he said. And he pointed out that ODM would ask its MPs to support Kenyans demanding that they pay taxes.

At the same time, Agriculture minister William Ruto and Kanu secretary-general Nick Salat asked President Kibaki not to sign the Bill, which they called draconian, and to return it to Parliament. “As a party we do not support it because it reduces the democratic space.”

Mr Orengo said ODM is not party to the Bill, arguing that it was approved by the Cabinet before the formation of the grand coalition government.

“If the President assents to the Bill, we still have a right to go to court, although I do not think we want to go that direction,” he added.

The minister who was addressing a press conference on behalf of Mr Odinga in Mumias, said his Information colleague Samuel Poghisio took the Bill to Parliament when other MPs were meeting the President over the formation of a special tribunal to try post-election violence suspects.

“Many of us were not in the House when the Bill was going through,” he added. Besides, he noted, there are enough laws that need only slight modifications, if any, to give the media more democratic space.

“The Bill takes us back many years democratically," the Ugenya MP said. “But I want to assure the media fraternity that the Prime Minister is right now engaged in discussing the matter further.”

The PM will have a meeting with the Media Owners Association on Monday when he will receive a petition from them, he pointed out.

“There are things one must stand and speak against without hesitation,” he said. “With all good intentions, this bill is going to fail.”

The Bill was supported by ODM MPs on the floor of the House and approved by the party’s leaders in Cabinet before it was tabled.

ODM chairman Henry Kosgey said the party would introduce a bill in Parliament seeking to repeal the communications Bill if it is passed into law..

He, on behalf of ODM, apologised to Kenyans for the harassment of journalists and political activists at Nyayo National Stadium during the Jamhuri Day festivities. .

Mr Salat said MPs erred in passing the Bill, and asked the President to return it to Parliament so that the offensive clauses may be expunged.

The former Bomet MP said that by signing the Bill into the law, the democratic gains Kenya had made all the years would be erased. “The best the President can do is take the Bill back to Parliament for the contentious issues to be thrashed out,” he said.

Mr Ruto echoed the sentiments, saying that the contentious issues should be taken back to Parliament for further debate. He and Mr Salat were speaking at a harambee for a polytechnic.in Tiritab Moita, Buret district

Reports by Walter Menya, John Shilitsia, Geoffrey Rono, Sollo Kiragu, Daniel Obiero and Michael Oongo.