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.

We have pointed out that a Communications Commission of Kenya board top-heavy with Government appointees must, of necessity, dance to the piper’s tune.

We have called for a composition which guarantees the commission’s independence to no avail.

In the past, MPs have been used by government to pass bad laws which, sadly, came to be used against them. Which is why they ought to have been more careful when considering the misguided proposals from Minister Samuel Poghisio and his bureaucrats.

Who is to say that, when the time comes, the retrogressive Bill they supported last evening will not be used to silence them when they oppose a future unpopular Government?

What will stop an Information Minister from issuing ‘‘guidelines’’ preventing their views from being covered on radio and television?

Clearly, our leaders are cutting off their noses to spite their faces.

The recent decisions of this Parliament – from the one on taxation, the refusal to disband the electoral commission and Wednesday’s broadcast regulation – have an overpowering stench of intolerance, pettiness and savage greed.

But there is still a way out. The President can still return this Bill to Parliament with recommendations, omitting those clauses that will turn this country into a dictatorship.

The future of free speech now rests with you Mr Kibaki – don’t sign this Bill.