Don’t sign this Bill Mr President

Parliament on Wednesday passed a repressive Bill which may come to haunt this country for many years to come.

In a near-unanimous decision, the House endorsed the Kenya Communication (Amendment ) Bill 2008, which gives the Government draconian powers to seize a broadcasting station’s equipment and to dictate programming content for radio and television.

We have consistently argued against this Bill and urged the President to reject it because of our belief in democratic government and civil liberties.

By its action on Wednesday, Parliament set the stage for media repression and thought control reminiscent of the one-party days Kenyans thought they had put behind them.

Today we appeal to President Kibaki, as the the guardian of this country’s liberties, not to sign into law a Bill which will curtail the freedom of the people who elected him to power – a law taking away their right to unhindered flow of information and ideas.

We have rejected this Bill for several reasons.

First, the proposals empowering a commission packed with permanent secretaries and other government appointees to issue ministerial ‘‘guidelines’’ to broadcast stations offends the principle of media independence.

It reintroduces censorship through the backdoor and leaves radio and television open to political manipulation.

That MPs who on Wednesday waved the Bill through closed their eyes to this peril is a sad commentary on how personal interest and myopia can infect such an important process as legislation.

For it is clear the media is being punished for its vocal opposition to the refusal by MPs to pay tax on their salaries and allowances.

As late as last week, Government officials assured Kenyans that the clause allowing the Minister for Internal Security to assume a State of Emergency and seize broadcasting stations would be deleted from the Bill.

This clause was never removed - instead the power to declare the state of emergency has been reposed in the President rather than the Internal Security minister.

Intrusive state action

Whatever the basis for such intrusive state action, we must remind Kenyans that it was precisely such a law which provided cover for the infamous raid against the Standard Media Group.

It was not staged for reasons of national security, but because the newspaper’s reportage did not caress certain powerful individuals.