Media owners vow to challenge Bill in court

Media owners have vowed to challenge the repressive Kenya Information and Communication (Amendment) Bill in court once the President signs it into law.

Senior Counsel Paul Muite, who represents media houses, said they will immediately file a petition to fight for journalists’ rights once President Kenyatta puts his signature on the Media Bill passed by Parliament on Thursday.

“You cannot legally challenge the Bill when it has not been signed into law. We are preparing for the suit and once the President assents to it, we will move to court challenging its constitutionality,” said Mr Muite.

Parliament passed the KICA Bill which creates a government-controlled body with powers to punish journalists and media houses for what they report.

The House also passed a law which establishes a self-regulatory mechanism for the media but puts a government-controlled tribunal on top of it.

The net effect is a law that severely restricts press freedom and breaches the constitutional protection granted journalists. (READ: Ruto supports passage of conflicting media laws)

CHAOTIC SITTING

The Bills were passed in a chaotic sitting chaired by Ms Rachel Shebesh when Cord MPs walked out of the chambers in protest after several attempts to postpone debate on the matter failed.

The new Bill retains the Sh20 million fine against media houses proposed by MPs and expands offences for which media houses can be punished by a government-controlled tribunal.

Cord MPs argued that the Constitution did not allow the President to prescribe laws for Parliament as this would create the possibility of him coming up with bad laws and forcing them on MPs.

They said the House Business Committee had erred in placing the memorandum on the Order Paper, which meant that the motion was illegal from the beginning.

The adoption of the President’s memorandum means the Communications and Multimedia Appeals Tribunal retains the power to impose fines on media houses and journalists, recommend deregistration of a journalist and make any order on freedom of expression. (READ: MPs pass one law giving freedoms and another taking them)

It has placed the successor of the Communication Commission of Kenya in the hands of the President and the Communications Cabinet Secretary as they can freely influence the appointment and removal of its board.

That body, the Communications Authority, will have the power to dictate how much of local content radio and television broadcasters should have.