Send media Bill back to MPs, Uhuru told as journalists protest

Pressure Thursday piled on President Uhuru Kenyatta to reject the controversial media law passed by Parliament last week with the Charles Nyachae-led Commission for the Implementation of the Constitution (CIC) describing it as “unconstitutional”.

The Commission has written to the President urging him to send the Bill back to Parliament for review.

“The Bill contains provisions which are unconstitutional and if enacted in its current state will inadvertently erode the gains made in the Constitution to ensure freedom of the media,” said Mr Nyachae.

He, however, called for patience among journalists and media owners, saying it was too early to seek legal redress without giving Mr Kenyatta a chance to exercise his Executive authority to reject the contentious Bill.

Among other things, the Bill sets up a powerful Communications and Multimedia Appeals Tribunal with wide-ranging powers over the media.

The Kenya Editors Guild, the Kenya Correspondents Association (KCA) and the Kenya Union of Journalists (KUJ) had threatened “drastic measures with far-reaching consequences” to protect media freedom, including seeking redress in court and launching major protests across the country as was done in 2007 when another Bill that had threatened press freedom was passed in Parliament.

President Kibaki declined to sign the Bill into law.

Thursday, consultations between the Editors Guild and the correspondents association and proponents of the Bill hit a stalemate.

Mr David Ohito, the Editors’ Guild vice-chairman said his organisation would not relent until President Kenyatta sends the dictatorial Bill back to Parliament for the contentious issues to be resolved.

The law allows the President to return the Bill to Parliament within 14 days with a memorandum stating the clauses that should be revised. Parliament needs a two-thirds majority to overrule such a memorandum.

On Wednesday, National Assembly Speaker Justin Muturi said the Bill was already “on the conveyor belt” to be delivered to Mr Kenyatta. He told MPs who had said they were willing to consult on the Bill that it was too late in the day.

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And Thursday, Mr Ohito said: “We are going to fight any attempts to cripple media freedom in this country.”

Among other things, the law stipulates that 55 per cent of all broadcast content, including advertising, must be local and be aired between 6am and 10pm.

It also provides that media companies and individual journalists can be fined up to Sh20 million and Sh1 million respectively for flouting the journalism code of conduct or provisions of the Act. The fines will also be converted into debt.

Further, it gives the tribunal the power to do anything to enforce its decisions in the event of a dispute involving the media and a third party.

The tribunal also will have the power to “recommend the suspension or removal from the register of the journalist involved”.

Yesterday, Mr Nyachae told journalists to first petition the President not to sign the Bill into law. Mr Kenyatta has already indicated that he would not sign the Bill and would give room for consultation. He has also cautioned the media to use their freedom responsibly.

The CIC chairman said journalists should only go to court if the President signs the Bill into law or if Parliament overrules his memorandum.

CIC, which is charged with overseeing the implementation of and adherence to the Constitution, said several clauses in the Bill contravened Article 34 of the Constitution which guarantees media freedom.

It said MPs had also contravened Article 33(2) of the Constitution which expressly provides that the State shall not exercise control over or interfere with any person engaged in broadcasting, production or circulation of any publication or dissemination of information.

Mr Nyachae also said MPs had infringed on the Constitution by purporting to enact laws that seek to penalise journalists for their opinion or content of their broadcast.

He was referring to the harsh penalties that the Bill seeks to impose on journalists who violate the Code of Conduct for Journalists, which is to be written by a government-appointed body.

By Peter Leftie [email protected] and Valentine Obara [email protected]