Kenya's Senate vows to shoot down controversial bill gagging media

Senator Kithure Kindiki

NAIROBI: Senators have condemned attempts by the National Assembly to muzzle the media through a draconian bill seeking to shield MPs from public scrutiny.

The legislators vowed to reject the Parliamentary Powers and Privileges Bill, 2014, once it is forwarded to the Senate; should it still contain offensive clauses they termed as unconstitutional.

But in apparent backtracking on the back of mounting opposition, the National Assembly postponed a final vote to refer the bill to the Senate to allow for further considerations.

Senators led by Majority Leader Kithure Kindiki (Tharaka/Nithi) and his Minority counterpart Moses Wetang'ula (Bungoma) affirmed the Senate's readiness to defend media freedom, which is threatened by provisions prescribing two-year jail terms and Sh500, 000 fines for a new offence of 'defaming' Parliament.

"We cannot undermine the freedom of expression through the back door. We cannot amend the Constitution through the back door. This bill is unconstitutional from the very beginning. We cannot sit back and watch the mutilation of the Constitution and the erosion of media freedom, in the name of protecting character," said Prof Kindiki.

He cited Article 24 of the Constitution, saying it addresses the limits to fundamental freedoms.

"Where there are no guiding laws, it provides for an alternative. When you injure one's character, you have the option to take the matter to court to claim damages. Why do MPs want to gag the media even before they write what they want to write?" Kindiki questioned.

He continued: "Let us allow the journalists to do their work. If the article is libelous and defamatory, seek redress in court. The bill's provision is illegal, unconstitutional and negates our democracy."

Senators Wetang'ula, Billow Kerrow (Mandera), Peter Mositet (Kajiado), Ben Njoroge (Nominated), John Lonyangapuo (West Pokot), Catherine Mukiite (Nominated), Boni Khalwale (Kakamega) and Mutula Kilonzo Jnr (Makueni) also questioned what their colleagues are trying to hide from the public.

Kilonzo Jnr said just like media has a constitutional right to access public information; Kenyans also have a right to know what their elected representatives are doing.

"We don't know by what reasons a matter before a committee or Parliament can be considered defamatory. For your character to be assassinated, you must have a character in the first place. We demand the bill be forwarded to the Senate quickly because we feel the right of the media and public has been infringed," said Kilonzo Jnr.

Khalwale cautioned against any attempt to gag the media on grounds that it has been crucial in exposing most corruption practices in Parliament. "We can't stop the media from carrying out its investigative role. Media doesn't speak but reports what happens. How is this defamatory?" Asked Khalwale.

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