Adan Keynan agrees to amend bill gagging media

Eldas MP Adan Keynan

The spotlight now turns to MPs to approve amendments to a contentious proposed law and remove restrictive provisions that interfere with freedom of the media in covering parliamentary proceedings.

After months of pressure by journalists and other stakeholders to have the offensive clauses in the Parliamentary Powers and Privileges Bill, 2014, deleted, the mover of the bill, Eldas MP Adan Keynan Monday turned up in Parliament to declare he will introduce the amendments on the floor of the House to expunge the draconian provisions.

Keynan has proposed the deletion of Clause 27, which requires journalists to seek parliamentary approval before publishing proceedings of Parliament or any of its committees, and Clause 34, which introduces the offences of defamation and ‘scandalous libel’ on Parliament.

“Having reflected on the various memoranda including the one from the Kenya Parliamentary Journalists Association, I decided to look at all the issues raised. I just happened to be a conveyor belt of the Parliamentary Service Commission when I introduced the bill,” Keynan told a press conference at Parliament’s media centre Monday.

“The reason the framers of the Constitution staggered mechanisms for legislation is to allow for the participation of all interest groups. Freedom of expression is guaranteed in the Constitution and I would be the last person to place roadblocks on those freedoms,” Keynan added as he attempted to deflect claims he was the author of one of the most draconian pieces of legislation to ever emerge out of Parliament.

He added: “The bill had gone through all the relevant House processes, including the legal department, but I am persuaded that members of the fourth estate are critical.”

Clause 27, which is proposed for deletion states: “A person shall not broadcast, televise or otherwise transmit by electronic means the proceedings of a House or 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...”

The MP has effectively thrown the ball to members to support the amendments, whose approval will be a big win for members of the Fourth Estate, who see the bill as an assault on their work.

The MP however, has left intact Clause 35 of the bill, which had prescribed penalties of up to two years in jail for journalists and other persons who violated the provisions of the Act.

Since clauses 27 and 34 will no longer be in force should Keynan’s amendments be accepted, the penalties prescribed in Clause 35, according to the MP, shall only apply to MPs who violate their code of conduct.

“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 both,” reads Clause 35.