Fury as MPs pass Bill sounding death knell for freedom of Press

Anger and outrage on Friday greeted the passing by the Jubilee-dominated Parliament on Thursday of what was denounced as the most repressive media law in the country’s 50-year history.

A cross section of political and professional leaders said it was “in keeping with a dangerous and worrying trend by the nascent Uhuru administration to roll back the reform gains made during President Kibaki’s 10-year rule”.

Cabinet Secretary Fred Matiang'i defended the Bill but said it was still open for dialogue and review.

The Information, Communication and Technology Cabinet Secretary promised to initiate talks on the way forward.

“I would like to make this assurance to the people of Kenya. Let us not panic. The Press is not under attack. There’s room for dialogue,” he said.

The leaders opposed to the Bill cited the stalled police reforms, the disbanding of the National Cohesion and Integration Commission at a time when the country had not completely healed from the 2007 post-election violence, and attempts to scrap the Senate, as part of a wider scheme to usher in dictatorship.

Law Society of Kenya chairman Eric Mutua said the government had resorted to intimidating those expressing dissenting views under the guise of national security.

“There is a lot of intimidation in the name of national security, which rolls the clock back to the dark days. They must adopt tolerance and accept positive criticism which, in the end, results in better governance,” he said.

He claimed that the democratic space opened President Kibaki’s 10-year watch had been closed in just six months.

“The democratic space we enjoyed under President Kibaki has been depleted by up to 50 per cent. This is worrying,” the LSK boss said. “We must be vigilant so as to maintain the gains we have made in democratisation.”

Siaya Senator James Orengo said: “The provincial administration is alive and kicking, and even stronger than it was under (retired President Daniel arap) Moi.”

He accused President Kenyatta of perpetuating an ethnic imbalance in the government.

“After the Mzalendo Kibunjia cohesion commission submitted reports of deeply entrenched ethnic imbalances in government, it had to go. This government knew that it would bring the rot to the fore,” the Senator said, faulting the leadership for failing to renew the commission’s tenure. (READ: Uhuru must say NO to architects of repression)

PURGE OF CIVIL SERVANTS

He claimed there was a purge of senior civil servants perceived not to have supported the Jubilee coalition during campaigns for the March 4 General Election. 

Mombasa Senator Omar Hassan accused the government of stalling the appointment of commissioners to the Kenya National Commission on Human Rights as part of a wider scheme to escape accountability.

“We have also seen a very dangerous reversal of the democratic gains in the move to give the Inspector-General of Police extraordinary powers and excessive discretion, which is a danger to democracy,” he said.

National Assembly Deputy Minority Leader Jakoyo Midiwo posed: “What sinister thing are the President and his Deputy planning to do, for which they don’t want accountability?”

Former Law Society of Kenya boss Tom Ojienda criticised the failure to implement the Truth, Justice and Reconciliation Commission (TJRC) report.

“The cohesion agenda would have been better served through actualisation of this report. I acknowledge the effort President Kenyatta has made towards reconciliation, such as when he brought together leaders from across the political divide during the Westgate terror attack, but the failure to act on the TJRC report does not augur well for him,” said the law professor.

East African Law Society president James Aggrey Mwamu said the law contradicted the Constitution and should be challenged in court if enacted.

“In Burundi, Parliament has been petitioned for trying to control the media. In Uganda and Tanzania, media houses were recently closed. They are using the law to muzzle the media,” Mr Mwamu told the Saturday Nation.

The Law Society of Kenya announced it would meet on November 7 to discuss the passing of the Bill.

Chief executive officer Apollo Mboya said: “We will examine the Bill and its implications. We will examine the implications of the amendments on the Kenya Communication Act.”

GO TO COURT

The Media Owners Association said they would go to court to stop the implementation of the Bill.

Editors’ Guild chairman Macharia Gaitho said the MPs’ aim was to punish the media for exposing their greed.

Speaking, when he paid a courtesy call on Elgeyo-Marakwet Governor Alex Tolgos in Iten Town, Mr Gaitho, who was accompanied by Nation Media Group chief executive Linus Gitahi and NTV managing editor Linus Kaikai, said the Bill was unconstitutional and draconian. 

“We will urge President Uhuru Kenyatta not to assent to the Bill as this will reverse the gains we have achieved and return the country to the dark days of oppression and dictatorship,” he said.

Mr Gitahi said the media owners would urge the President not to assent to the Bill. (MATHIU: New media law myopic, vengeful and extremely dangerous)

National Council of Churches of Kenya secretary-general Peter Karanja asked President Kenyatta to reject the Bill  until the contentious clauses were resolved.

“To avoid amendments in future, the President should not sign the Bill,” the Rev Karanja said by phone.

Former presidential candidate Peter Kenneth said the Bill was bad for Kenya.

“Without a free media there can be no democracy. This is why our Constitution underscores the freedom and independence of the media,” he said.

Mr Tom Rhodes, a consultant with the Committee to Protect Journalists (CPJ) said: “Harsh penalties and a usurped media council that will be under the government’s thumb will undoubtedly dissipate already deteriorating Press freedom conditions in Kenya.”

Attorney General Githu Muigai on Friday said it was too early to worry about the proposed law. (READ: Kenya joins states with repressive media laws)

“We will receive the final product next week then we will evaluate the nature of it and advise the President accordingly — in accordance with the Constitution,” Mr Muigai said.

“So it is premature to get very worried.”

Reported by JULIUS SIGEI and JUSTUS WANGA.