Adan Keynan leads another brazen bid to gag the Kenyan media

Eldas MP Adan Keynan has sponsered a bill that seeks to introduce a crime of defamation of Parliament and criminalise the publishing of what in the eyes of the Speaker or committee chairmen would amount to be false or scandalous libel on Parliament.

The National Assembly has inched closer to enacting draconian legislation to gag the media and shield Members of Parliament from public scrutiny. Despite the criticism the Parliamentary Powers and Privileges Bill (National Assembly Bill No. 35 of 2014) has attracted, MPs voted to conclude debate and propel the proposed law to the last stages of law making.

The bill sponsored by Eldas MP Adan Keynan, seeks to introduce a crime of defamation of Parliament and criminalise the publishing of what in the eyes of the Speaker or committee chairmen would amount to be false or scandalous libel on Parliament.

It prescribes a Sh500,000 fine or two-year jail term or both for journalists found guilty of contravening the provision. The effect is to intimidate journalists reporting issues such as bribery scandals said to influence recommendations of parliamentary probes and decisions on reports.

Last year during a media breakfast with editors, Speaker Justin Muturi ruled out the possibilities of enacting laws that could rein in the freedom of the media by penalising journalists who report on Parliamentary proceedings without permission.

Muturi said concerns that a proposed bill by Eldas MP Adan Keynan would gag the media and impinge journalists’ constitutional rights to discharge duties at Parliament were unwarranted.

In the meeting with the editors, Muturi said proceedings in the National Assembly were protected and anyone reporting on them was shielded from law and therefore no journalists should be afraid.

“That is just a legislative proposal and the media have nothing to worry about. Proceedings in the National Assembly are protected and so are the media in our Bill of Rights,” he said.

But Thursday, MPs voted for the bill with the retrogressive clauses. If passed in its current form, revelations of compromise such as those made against members of the Public Accounts Committee (PAC) and Agriculture Committee will be a thing of the past.

The bill also attempts to control flow of information to the public by requiring prior permission from the Speaker and chairmen of committees before broadcast of proceedings of the House and committees.

The media’s scrutiny of the conduct of legislators and the freedom to broadcast and publish, especially contentious issues that legislators could consider as offensive, could be dealt a major blow if the proposed law goes through the Committee stage in the form it was passed in the Second Reading, approved in the Third Reading and is assented to by the President.

Speaker’s approval

The Keynan’s bill seeks to introduce a crime of defamation of Parliament, criminalising the publishing of what in the eyes of the Speaker or Committee chairman would amount to be false or scandalous libel on Parliament.

“A person convicted of an offence under this Act for which no penalty is provided shall be liable on conviction to a fine not exceeding Sh500,000 or to a term of imprisonment not exceeding two years or to both,” states clause 35 of the contentious bill.

But it is clause 37 of the bill that appears more gagging as it indicates that broadcasting of the proceedings of the House would only be allowed after approval by the Speaker, in the case of plenary proceedings or a committee chairman or in the case of a particular committee work.

Section 27(1) states: “A person shall not broadcast, televise or otherwise transmit by electronic means the proceedings of a House, a committee of Parliament or any part of those proceedings except by order or under the authority of relevant Speaker or chairperson of a committee of Parliament ...”.

Ironically, Keynan, chairs the watchdog Public Investment Committee, which scrutinises expenditure of public entities, thus attracting considerable media and public attention.

Only this year that the leadership of the only other watchdog committee, PAC, was dogged by corruption allegations, a matter that attracted media attention, subsequently leading to the shuffling of the committee membership.

At the same time, the Agriculture committee was also reeling under bribery allegations over the controversial report on the challenges facing the sugar industry.

If the Powers and Privileges Bill is passed as it is, then it would require the authority of the Speaker or committee chairperson for journalists to cover such issues from Parliament.

Thursday, Keynan was seeking a truce, even promising to have the offensive clauses amended.

“I promise that I will be proposing amendments during the Committee stage on the areas that have been cited as contentious and bordering on unconstitutionality. We are on the same script on this and we will consider your input if you give us your specific amendments,” Keynan promised parliamentary journalists Thursday.

Bill dropped

Other legislators, notably Majority Leader Adan Duale, Millie Odhiambo (Mbita) and John Mbadi (Suba) had during debate in the Second Reading called for amendments to rid the bill of the clauses gagging the media, further arguing that they were also in contravention of the Constitution that guaranteed media freedom.

“We must have a re-look at some of these clauses. I would not want to get in trouble with the media by appearing as supporting a proposed law that deprives them of their constitutionally granted freedom,” said Duale during the debate on the Bill.

When the bill was first tabled in the House last year, Muturi had challenged its constitutionality, even promising the Editors Guild and Kenya Parliamentary Journalists Association of his interventions to ensure that the bill was dropped.

“We cannot begin to create a new crime which is unknown in any civilised part of the world. Kenyans must be allowed to enjoy their freedom. We must raise and defend media freedom. So, why would you want to hide...if indeed it is a matter that is so sensitive, the chair of the committee can tell the media present to withdraw,” the Speaker said in his meeting with editors.

Initiating debate on the bill, Keynan had informed the House that he had received memoranda from key stakeholders: Media Owners Association, the Editors Guild, Kenya Parliamentary Journalists Association and the Media Council of Kenya, saying MPs would decide on what to pick from the documents.

However, he appeared to defend his reasoning for the penalty against those who defame the House, saying the House had suffered due to misrepresentation of facts on proceedings.

“The media owners and representatives of members of the Press have petitioned me and Muturi. I want to assure them that the suggestions they have made on publication and broadcasting of certain parliamentary materials will be looked at during the committee stage. However, misrepresentation of facts has been the hallmark of proceedings of this House. The proposals by parliamentary reporters, editors and media owners through me and the Speaker will be taken into account where applicable,” the MP said.