Media owners oppose draconian Bill

The Media Council of Kenya (MCK) has asked President Uhuru Kenyatta not to assent to the Powers and Privileges Bill seeking to punish anyone who broadcasts or publishes content deemed defamatory to Parliament.

MCK Chief Executive Officer Harun Mwangi said the Bill, drafted by Eldas Member of Parliament Adan Keynan is a potential tool for intimidating journalists and will kill investigative reporting.

Mwangi is now appealing to the Senate and all other stakeholders to ensure the Bill, unanimously passed by parliamentarians on Wednesday, does not see the light of the day.

Media owners on the other hand have also reacted sharply to the passage of Bill they say seeks to control the operations of the print and electronic media.

The media owners also said that Keynan presented the Bill to Parliament without taking into account the proposals made by the stakeholders.

Mr. Hanningtone Gaya, the chairman of Media Owners Association (MOA), said the Bill – in its current state – will curtail media freedom.

“The Bill comes at a time when the MOA is re-evaluating the need for self regulation through statutory legislation,” he said.

However, National Assembly Speaker Justin Muturi called for withdrawal of the Bill to allow room for negotiation on the contentious Clause 34 that proposes a Ksh 500,000 fine or a two-year jail term for anybody deemed to have defamed Parliament.

The contentious clause states that: “A person commits an offence if he/she publishes any false or scandalous libel on Parliament, its committees or its proceedings or speaks words defamatory of Parliament, its committees or its proceedings”.

Article 35 states of the same bill outlines: “A person convicted of an offence under this Act for which no penalty provided shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding two years or to both”.

The Bill further gives the Clerk powers to make a request to the Director of Public Prosecutions (DPP) to take action on the said person with the DPP being required to submit a report to the clerk within 30 days of receipt of the request for action to be taken on the matter.

The MPs deleted clause 27 that requires the Speaker’s permission for reporters to cover Parliamentary proceedings but retained the scandalous clause that spells heavy penalties for reporters who would be adjudged to have defamed Parliamentarians