New law to shut TV and radio stations — ICJ

By Standard Team

There was no let up on the barrage of anger and disapproval of President Kibaki’s assent to the Kenya Communications (Amendment) Bill into law, even as Prime Minister Raila Odinga told media practitioners not to despair.

Condemnation of the President’s surprise move to append his signature to the Bill continued to pour in yesterday as some critics predicted that the law could soon be used to shut radio and TV stations that are seen to be critical of the Government.

The International Commission on Jurists (ICJ) said the President had, with the stroke of a pen, reversed all the democratic gains fought for over two decades.

ICJ chairman Wilfred Nderitu warned that Section 88 would be used to close down several radio and TV stations seen as anti-government.

"We are concerned that section 88 can now be used any time to suppress the media. We are asking the media fraternity and Kenyans of good will to relentlessly push for the repeal of the section no matter what it takes," said Nderitu.

But speaking from Mombasa’s South Coast, where he is on holiday with his family, Raila, who until very recently expressed optimism that Kibaki would not assent to the Bill, said there was room for consultation and that amendments could be introduced in Parliament to remove the offending sections.

"The signing of the Bill is not the end, we are consulting on the matter to ensure that a solution is found. Where there is a will, there is a way," said Raila.

Agriculture minister William Ruto echoed the PM’s sentiments calling for dialogue between the Government and the media owners to work out a possible solution on the contentious sections.

Ruto said there was need for engagement between the Government and the media so as to uphold press freedom.

In the recent amendments, Parliament failed to repeal the clause that gives the Internal Security minister sweeping powers to confiscate broadcast equipment during what the Government calls an "emergency or when public tranquillity is threatened".

"Let us look at those contentious sections and bring them back to Parliament urgently for amendments. The issues raised by the media are pertinent and cannot be wished away and nothing can stop the two groups from agreeing on the basics," he said.

Speaking in Eldoret, Ruto said Kenya was part of the international world and could not risk being out of tune with the international standards.

Lawyers and human rights groups said the Act, in its current form, was not only draconian but an affront on democracy, freedom and independence of the broadcast media.

Yesterday, the International Commission on Jurists (ICJ) and the Law Society of Kenya (LSK) said the President had, with the stroke of a pen, reversed all the democratic gains fought for over two decades.

ICJ’s head of programmes, Ms Priscilla Nyokabi, said media owners should not be cowed by the signing of the Bill.

"Media owners ought to press on with their agenda of informing the public without fear. Kenyans will stand by them no matter how hard the Government will try to suppress them," Ms Nyokabi said.

And the Council of NGOs asked the President to reconvene Parliament to repeal the retrogressive clauses in the Communications Act.

Council chairman Simon Kanani and CBOs head Tom Aosa said President Kibaki had failed to read the mood of the country and that his assenting to the Bill has taken Kenya back to the dark days.

Speaking at the Council’s offices in Nairobi, Kanani said the council, which represents more than 300 NGOs, is consulting before calling for national protests against the draconian law.

"You cannot give sweeping powers to an individual to seize broadcasting equipment unilaterally. This does not happen in democracies," said Kanani.

However, National Labour Party chairman and former Changamwe MP Kennedy Kiliku blamed MPs for passing the offensive Bill, which he said was akin to "throwing away the fruits of a long struggle for democracy in the country into the dustbin."

Kiliku branded the MPs "public enemies" and urged Kenyans to vote them out of Parliament come 2012 for allegedly pursuing personal interests including refusal to pay taxes while Kenyans were starving.

The chairman of the Chama Cha Uzalendo, Maur Bwanamaka, said it was dishonest for MPs to criticise signing of the Bill while they watched it sail through all the three readings in Parliament.

"The MPs should have realised that the repeal of section 2 (a) of the Constitution in the early 1990s to allow multiparty democracy came through struggle, including media campaigns," Bwanamaka said.

On his part, Government Spokesman Alfred Mutua defended the Communications (Amendment) Bill 2008, saying it was not a threat to press freedom but aimed at stopping the spread of pornography, hate and violence.

In a two-page paid advertisement in local dailies yesterday, Mutua said the Act does not impede journalism but supports the growth of the Information and Communication Technology sector that has not been regularised.

He said the new Act deals with ICT issues and that broadcasting is only a small part of it.

"The Act does not deal with newspapers, magazines, duties of reporters or what stories should be published," said Mutua.

 

 

 

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