Outrage over High Court ruling on draconian laws seeking to gag media

Journalists at work. The media fraternity has said it will appeal the decision to uphold punitive fines for journalists and media houses for breaching media laws. [Photo: file/standard]

Kenyans have expressed outrage over the High Court’s decision to uphold two draconian laws that seek to muzzle the media.

A section of leaders have also called for the laws; the Kenya Information & Communication Act and the Media Council Act 2013, to be repealed immediately.

A three-judge bench on Thursday upheld fines of up to Sh500,000 for journalists and Sh20 million for media houses that will break the laws.

However, the media fraternity has said it will appeal the decision to uphold punitive fines for journalists and media houses for breaching media laws.

Opposition leader Raila Odinga said it was unfortunate that the court had endorsed a defective Act with its end game being an attempt to gag and control media and roll Kenya back to dictatorship.

“Jubilee is determined to bring back an imperial presidency and take Kenya back to the old constitution and that is why they want to muzzle the media completely because they are averse to criticism and exposes of corruption. We will stand with the media to defend freedom of expression among  Kenyans,” said Raila.

Out of Character

He added: “CORD will oppose any fresh attempts to muzzle the media at all costs. We cannot be reduced to listening to one narrative... that of Jubilee alone.”

Former presidential candidate Paul Muite said he was surprised by the judgement because justices Isaac Lenaola and Mumbi Ngugi are seen as ideologically progressive in constitutional interpretation, particularly the Bill of Rights of which Media Freedom, Article 33 is a critical part.

“The judgement was out of character, one can only hope that the hammering that the Judiciary has been receiving from the Executive and Parliament is not taking a toll,” he said.

Mombasa Senator Hassan Omar said the ruling was outrageous and the law will now serve to intimidate the media in what should be an open society.

“The making of the law in the first place was in abuse of the freedom of Media as per Article 33. The process was clearly meant to limit the space for a free media in Kenya,” said Omar.

Officials of the Kenya Correspondents Association (KCA), Kenya Union of Journalists (KUJ) and the Kenya Editors Guild (KEG) yesterday said they were dissatisfied with the ruling and they would appeal.

The three groups had moved to court in 2014 seeking to have the Kenya Information and Communications (Amendment) Act 2013, which contained the controversial punitive provisions and the new Media Council Act, declared unconstitutional.

KCA Chairman Oloo Janak said the exorbitant fines will undermine press freedom in the country and intimidate journalists in the course of their work.

“We will appeal the decision. Upholding the two acts is virtually strengthening the voices that are anti-media and in effect sending a chill down the spine of journalists and media houses, considering the hefty punitive monetary provisions,” he explained.

“It is dangerous for our democracy and the rule of law for journalists to censor themselves, especially as we move to the next General Election,” added Janak.

He noted KCA would convene a meeting of journalists and freedom of press advocacy groups this week to deliberate on the matter.

David Ohito, a council member of KEG, termed the decision by High Court judges Lenaola,Ngugi and Weldon Korir as a  sure way of stifling debate in the country and muzzling the media.

“The kind of fine is not sustainable under the current media environment. Fining some media houses Sh20 million means they will be forced to shut down. Sh500,000 is out of reach for many journalists... 99 per cent of journalists cannot afford to raise it,” he said.

Ohito wondered why professionals in the media industry are treated differently from their colleagues in other fields, adding the law must not be discriminative and punitive to journalists.

“I know of no law where an engineer, lawyer or a teacher will be fined Sh500, 000 for any malpractice. Why should the law be so selective and so punitive to journalists?” Posed Ohito,

He added: “It appears there are people who are keen on muzzling freedom of expression and freedom of the media, contrary to the law. We shall appeal.”

Brutal Verdict

KUJ Chair Juma Kwayera said the verdict was brutal, observing that it will not only restrict freedom of expression and investigative journalism, but will also interfere with the right of the public to know what is happening in the country.

“Covering up of sensitive issues touching Kenyans will be the order of the day if the decision by the High Court judges is not overturned at the Court of Appeal,” said Mr Kwayera.

Media Owners Association Chairman Hanningtone Gaya said they received the ruling with shock, pointing out that they expected the High Court to be the last arbitrator in the crisis.

“It is a major set-back for the country. We shall hold a meeting next Tuesday (tomorrow)to deliberate on the matter,” said Dr Gaya. However, he appealed to journalists to uphold media ethics and exercise integrity in their daily work.

However, the judges in their 109-page ruling gave media some reprieve by expunging two clauses in the Media Council Act because they were unconstitutional.

The good news in the ruling is that the State will not penalise journalists and hide under the blanket cloak of “protection of national security”.

The judges ruled that the State will not will not penalise journalists and hide under the blanket cloak of “protection of national security”.

Another clause of the act that was rejected was one that was forcing media houses to do their job in a manner to “reflect the interests of all sections of society”.

The judges ruled that upholding the clause will be unconstitutional as it amounts to an unjustifiable limitation of the right to freedom of expression.

Business
Premium Ruto's food security hopes facing storm amid fake fertiliser scam
Real Estate
Premium Affordable housing: Will State's data-backed action now pay off?
Business
Premium Nairobi business community plans protest as over 700 containers held at port
Sci & Tech
UK-based fintech PayAngel eyes Kenyan market with secure diaspora remittance solutions