Kenyan legislators beat hasty retreat on media bill

The bill’s mover Adan Keynan

Nairobi: Fear of a backlash from courts, the Senate and the public yesterday forced the National Assembly into a hasty retreat over a bill that seeks to imperil freedom of the media and cushion MPs against internal corruption probes.

Amid fears that the Senate may take advantage of the current grievances by stakeholders to reject the bill and "embarrass" the National Assembly, the House leadership rallied to have the bill referred back for reconsideration by the House Business Committee (HBC).

When the Parliamentary Powers and Privileges Bill was brought for vote in the third reading, it was clear pressure from the public had been felt. The leadership pleaded for reason from MPs who had backed draconian clauses, including the one that punishes any negative reporting against Parliament with a Sh500,000 maximum fine or a two-year jail term

Speaker of the National Assembly Justin Muturi reminded MPs that the bill still has to be taken to the Senate, whose rejection would trigger a set of actions, including mediation as provided in the Constitution.

"There has been a misconception that the bill will be taken to the President for assent. This bill has to be considered by the two Houses because it establishes powers and privileges for both Houses. Even if we put this bill to question, and we pass it, it still has to be considered by the other House," said the Speaker, before referring the bill back to the HBC.

The bill also introduced an offence called "defamation of Parliament" that prohibits any "person" from speaking words that "are defamatory to Parliament, its committees or proceedings."

"We tried our best. Unfortunately, as the Speaker, I have no vote," added Mr Muturi.

In their hurry to punish journalists and throw accountability through the window, MPs also rejected an amendment that was intended to improve their own security in the House.

They denied parliamentary orderlies the 'power of a police officer' which means that in case of a serious security breach, a parliamentary orderly will be reduced to a helpless bystander.

They also rejected the formation of an office of an internal ombudsman to monitor and investigate graft in the House.

Leader of Majority Aden Duale was the first to raise the red flag over the futility of passing the bill in its current form.

Just before the bill was put to vote, Mr Duale stood to ask that the Speaker invoke his power to postpone a vote on the bill and have the HBC reconsider it.

"I request my colleagues to consider rejecting the bill to allow for the introduction of a more comprehensive bill that will take care of us and the interests of the country," said Duale.

Mover of the bill Adan Keynan, was yesterday absent from the corridors of Parliament, even as journalists smarted from the latest assault on media freedom.