ODM to fight Communications Act

Immigration minister Otieno Kajwang addresses the press at Parliament buildings on January 06 2009 on the Communications Act. Photo/ PHOEBE OKALL

What you need to know:

  • ODM to bring the amendments on the floor of the House if the Cabinet does not take the initiative.

The Orange Democratic Movement has promised to fight the implementation of the Kenya Communications Act in its current form

Noting that it was a bad law, Cabinet minister and party member Mr Otieno Kajwang said the fight against the Bill will be political and ODM will fight it to the end.

“For somebody to think this thing can be confined to the cabinet is to be short-sighted. This is a matter we will fight as a political party. It will be a long fight but it will be fought and won,” the minister for Immigration and Registration of Persons said.

He was addressing a press conference at Parliament Buildings a day after the party’s top leaders claimed they were not involved in the crafting of the Bill as they were not in Government then.

The minister claimed that a majority of ODM MPs were not present in the House when the Bill was passed. He claimed party MPs had earlier been assured that the Bill would be shelved to allow for further consultations with stake holders.

“Our party leader had informed some of us that the matter would not be on the order paper of the day as he had spoken to the Information minister who had agreed to withdraw the Bill for further consultations.”

As a result most ODM MPs did not come to the House on the material day, he claimed.

The minister said ODM will bring the amendments on the floor of the House if the Cabinet will not take the initiative.

“If they cannot be brought by the Cabinet, then they will be brought by ODM, if not as a party then by a private member’s motion as soon as the House resumes its business.”

He added: “This is squarely a matter of political parties because they form the Government and they have a set of beliefs, values and programmes that they would want to pass across and fight for.” 

According to Mr Kajwang, there are fundamental differences between ODM and PNU- the two pillar parties of the Grand coalition Government on several provisions of the Media Act.

“Whereas PNU believes some of the provisions will put checks on certain excesses of the media, ODM believes it will reverse democratic gains and roll back the democratic space we have fought for and gained over the years,” he said.

He said ODM was concerned over the issues of who should regulate the media, who decides the broadcast and print content and incase of damage and who will bring out redress.

Confining these powers on the ministers for Information and Internal Security, would according to the minister, open room for abuse.

“We cannot give these powers to a single individual in Government who may use if arbitrarily without consultations.”

“The Act gives the two ministers immense powers and in ODM’s view, these are people who have certain interests both personal and power related.  If we allow them to exercise these powers there is a possibility that these powers can be misused,” he said.