Matiang’i: I was in the dark on Bill

Information Cabinet Secretary Fred Matiang’i Monday appeared to send mixed signals on a new law passed by Parliament which gives government control of the media.

He said the Executive “is not aware” of the oppressive content of the Bill, which allows a government appointed body to write the rules of journalism, impose crippling fines and remove journalists from practice.

The dictatorial content of the Bill has been widely reported. Both President Uhuru Kenyatta and Deputy President William Ruto have expressed support for press freedom and promised to have the Bill revisited.

Dr Matiang’i is believed to have forwarded the Bill to Parliament for debate while aware that some of the clauses were contested. But on Monday, he said he did not have prior knowledge of what the MPs would eventually pass during Thursday’s session of Parliament.

But while he appeared to disown the oppressive content of the Bill, he at the same time defended the right of MPs to bring approve a law that undermines democracy.

“The Bill became an exclusive property of the House once it was handed over to Parliament for debate,” he said during a brief press conference at the Serena Hotel in Nairobi. “The Executive was not aware what MPs had decided to do and they had no obligation to consult anybody.”

The opposition coalition, Cord, has since the passing of the Bill on Thursday accused the government of dishonesty, saying, the Executive had scrutinised the Bill before taking it to Parliament for debate.

But Dr Matiang’i insisted the Executive was kept in the dark about the amendments the MPs had made to the Bill before it was approved.

“The committee did not brief us and we cannot say that was wrong because they did what is constitutionally within their mandate,” he said and indicated that the Executive would re-examine the controversial sections after the approved Bill is forwarded to the President.

The President, who is scheduled to address a media leaders conference in Addis Ababa on Friday, has already indicated that he will not be signing the Bill into law.

Yesterday, Dr Matiang’i also pledged to form a team to review the contested sections of the controversial Bill before the President can decide whether or not to sign it into law.

The team that will comprise representatives from the Office of the President, the Ministry of Information, media owners, the Media Council and the Kenya Union of Journalists among others is expected to begin the talks once Parliament sends the official Bill to the President. Also to be represented will be the Constitution Implementation Commission (CIC) and the office of the Attorney General.

President Uhuru Kenyatta’s chief advisor on constitutional matters, Mr Abdikadir Mohamed, said there is no need to fear from media practitioners and hinted that Mr Kenyatta would not assent to the Bill if it violates provisions of the Constitution.

“The presidency has always expressed its commitment to safeguard the Constitution, he said. “Freedom of the media is guaranteed by the Constitution and that is what will remain supreme.”
He said Parliament acted within its mandate to pass the Bill but insisted that the process of legislation ends with the presidency.

“Parliament did its work and what now remains is for the President to do his constitutional duty. And that will be based on the deliberations to be made by this group to be formed and the advice the President receives,” he said.

The controversy was sparked by Parliament’s decision to pass the Kenya Information and Communication Bill which places media regulation under a politically appointed tribunal with powers to impose harsh penalties against media houses and individual journalists.

The Bill also gives the government agency sweeping powers to kick journalists out of the media and to freeze the accounts of media houses and individual journalists judged to be in breach of the code of conduct.

Dr Matiang’i maintained that the government is committed to protecting media freedom.

“The formation of this team is a demonstration of that commitment,” he said.

The two spoke after holding a brief meeting with media owners and the media council among other stakeholders at the Serena Hotel from where they agreed to form the team to look into the complaints raised about the Bill.

Said Mr Abdikadir: “A lot of complaints have been raised against this Bill with many saying it is a bad law. That is why this team is being formed to dialogue and reach a resolution that conforms to the Constitution.”

He said the Speaker of the National Assembly, Mr Justin Muturi, is expected to send the document as was passed by MPs to the President with a receipt confirming it as the official Bill.

“We expect the discussions to begin once that is done which can be anytime from now,” he said.