Blow to journalists as judges give nod to media laws
Reporters cover a past conference. Three media houses had on January 2014 challenged media laws assented to by President Uhuru Kenyatta on December 5, 2013, which they deemed unconstitutional. PHOTO | NATION MEDIA GROUP
What you need to know:
- Three media houses had on January 2014 challenged the laws assented to by President Uhuru Kenyatta on December 5, 2013.
- Media practitioners had argued the laws breached the constitutional protection granted to journalists and allows a government-controlled tribunal to impose fines on transgressors.
- Nation Media Group, Standard Media Group, Royal Media Services, the Kenya Editors Guild, Kenya Union of Journalists and the Kenya Correspondents Association filed the suit.
The future of media practitioners remain uncertain after the High Court declared two draconian laws passed three years ago constitutional.
Media practitioners had faulted the laws and wanted them declared unconstitutional.
But judges Isaac Lenaola, Mumbi Ngugi and Weldon Korir ruled that the Kenya Information & Communication Act and the Media Council Act 2013 are lawful.
Three media houses had on January 2014 challenged the laws assented to by President Uhuru Kenyatta on December 5, 2013.
Media practitioners had argued the laws breached the constitutional protection granted to journalists and allows a government-controlled tribunal to impose fines on transgressors.
Consequently, a government-steered regulatory board will fine journalists up to Sh500,000 and media companies up to Sh20 million.
But the judges ruled that two sections of the law on the Media Council were unlawful on grounds that one is vague and the other has an unjustified limitation.
“With the exception of the above provisions, we are satisfied the laws are in accord with the Constitution,” the judges said.
They also ruled that Mr Kenyatta did not violate any law when he assented to the two Bills and that the National Assembly was also right in adopting recommendations on the laws.
CRITICAL REPORTING
They said the laws solely touch on media regulations and therefore dismissed claims that there was no consultations between Speakers of both houses as well as the failure to table the Bills before the Senate.
They added that the laws do not concern county governments.
The judgement notwithstanding, the declaration that two sections are unconstitutional offers partial reprieve for media practitioners.
Judges threw away the function of the Media Council of Kenya, which appeared to gag the press in their coverage and critical reporting.
One section says the Council should ensure protection of national security, public order, health and morality is safeguarded.
Nation Media Group, Standard Media Group, Royal Media Services, the Kenya Editors Guild, Kenya Union of Journalists and the Kenya Correspondents Association filed the suit.
They had sued the Attorney-General, Speakers of both the National Assembly and the Senate, Information CS and the Communication Authority of Kenya.
Consumer Federation of Kenya, the Information & Communication Technology Consumers Association, the Writers Association of Kenya and the University Journalism and Media Schools Association of Kenya were listed as interested parties.
