State to remove gagging clause from the Communications Act

The Government has kept its word to expunge a gagging clause in the Kenya Communications Act of 1998.

Yesterday, Attorney-General Amos Wako introduced a Bill seeking to delete the controversial clause that gave power to the State to raid broadcasting stations.

The Statute Law (Miscellaneous Amendments) Bill was then referred to the Committee on Communications for scrutiny.

The contentious Section 88, left intact when the 1998 Act was amended through the Kenya Communications (Amendment) Bill (now an Act) 2008, became the subject of a standoff between the media and the Information and Communications ministry at the beginning of the year.

Parliament passed the Bill and President Kibaki signed it into law despite spirited protests against the clause, which sanctioned raids such as the one on the Standard Group in March 2006.

During the attack by armed goons, KTN was put off air and broadcast equipment was dismantled and carted away from the company head office. The day’s copies of The Standard were also burnt at Likoni, Industrial Area.

Public safety

The clause reads: "On the declaration of any public emergency or interest of public safety and tranquillity, the Minister for Internal Security may, by order in writing, direct any officer duly authorised, to take temporary possession of any telecommunication apparatus or any radio communication station or apparatus within Kenya..."

Essentially, it allows the minister to order invasion of broadcasting houses, and destroy or confiscate equipment on vague declarations of threats to public safety.

But the section could be expunged if MPs play ball and sanction the proposed amendment alongside others agreed between media representatives and Government.

Equally contentious provisions giving the Government power to vet and control content broadcast on TV and radio will also be removed.

The Bill proposes a regulatory body, the Broadcasting Content Advisory Council.

The council, according to the proposed amendments, will comprise Information PS and six other members appointed by the minister.

The members include two picked by the Media Council, one from the Law Society of Kenya and another nominated by the Attorney-General. The AG’s nominee will, however, not be a civil servant.

The members must be knowledgeable in media, free of conflict of interest and have no financial or other interest that could influence their work.

Wako also proposes amendments to the Media Act 2007, seeking Treasury funding of the Media Council.

The amendments follow negotiations chaired by Prime Minister Raila Odinga and included Information Minister Samuel Poghisio, PS Bitange Ndemo, the Media Owners Association, Kenya Union of Journalists and the Kenya Editors’ Guild.

— Stories by Alex Ndegwa, Peter Opiyo and Fatuma Fugicha