The National Assembly yesterday bowed to public pressure and the presidential plea issued on Mashujaa Day when MPs deleted a clause that introduced the offence of "defaming Parliament" into the country's laws.
They deleted Clause 34 of the Powers and Privileges Bill 2014 that made it illegal for anyone to "publish any false or scandalous information against Parliament, its committees or its proceedings".
It was a day full of activity as the powerful House Business Committee, which sets the House agenda, held an emergency meeting and issued a fresh timetable prioritising the vote.
The team exploited the Standing Order (House rule), which allows MPs to rescind their decisions and look at the bill again before sending it to the Senate.
The Leader of Majority Aden Duale (Garissa Township) said the lawmakers were keen to "correct a misstep" they made last week when they approved the unconstitutional clause.
"To the extent that the bill seeks to penalise the media is itself inconsistent with the Constitution," said Mr Duale. He rallied lawmakers to back the deletion saying it was the only way to align the bill to the Constitution.
The MP pleaded with the Senate not to "sneak" the obnoxious clauses back into the bill.
The bill's sponsor, Adan Keynan (Eldas), was absent, because, according to the majority leader he travelled abroad on parliamentary duty. Duale stepped in to rally the House to delete the clause that gagged the media.
The Justice and Legal Affairs Committee Chaiperson Samuel Chepkonga (Ainabkoi) backed the deletion. Mr Chepkonga said the clause was not "reasonable" in a democratic society. "...this House facilitates public participation," he said.
But James Nyikal (Seme) opposed the deletion and said the clause had to stay because the media should not be allowed to report "false" claims. "The majority will have their way, but the minority must have their say," said Mr Nyikal.
For Deputy Minority Leader Jakoyo Midiwo (Gem), Oburu Oginga (Nominated), David Gikaria (Nakuru Town East) and Eseli Simiyu (Tongaren), the deletion was key to save Parliament's reputation, but they blamed President Uhuru Kenyatta's legacy for bringing bad laws to the House.
"Thank you for rescuing us from making a mistake. We want to warn the Executive to follow the wisdom of their leader so that not every other bill looks like it is going to contravene the Constitution," said Mr Midiwo.
Midiwo said the Kenya Defence Forces Bill will also need to be withdrawn and the unconstitutional clauses therein deleted.
Speaker Justin Muturi said the bill had to take on board the "constitutional reality of bicameralism".
The vote on the bill was however postponed to tomorrow, because there were no numbers to vote on it for the Third Reading and send the bill to the Senate.
