Controversial media Bill signed into law

The draconian media bill passed by the National Assembly two weeks ago is now law.

President Uhuru Kenyatta has signed into law the contentious Kenya Information and Communications (Amendment) Bill passed by MPs on December 4, 2013 before they went on Christmas recess.

House Speaker Justin Muturi told the Nation on Monday evening that President Uhuru Kenyatta signed the Bill into law on Wednesday.

With the President’s assent, the law creates a government-controlled body with power to punish journalists and media houses for their reporting. (READ: Media owners vow to challenge Bill in court)

Interestingly, the House also passed a law which establishes a self-regulatory mechanism for the media but puts a government-controlled tribunal on top of it. (READ: House adopts Uhuru's proposals on media Bill)

The net effect is a law that severely restricts press freedom and breaches the constitutional protections granted journalists. (READ: Ruto supports passage of conflicting media laws)

CHAOTIC SITTING

The media Bills were passed in a chaotic sitting chaired by temporary speaker Rachel Shebesh (Nairobi County, TNA). The majority of MPs in the chamber were drawn from the Jubilee Coalition. Their Cord counterparts left en masse in protest after several failed attempts to postpone debate on the matter. (READ: Muturi blamed for debate chaos)

President Kenyatta had made changes to the Bill when it was first passed by the MPs and made amendments to transfer control of institutions with authority to punish journalists and their employers from the National Assembly to the Executive and the Presidency.

The new law retains the Sh20 million fine against media houses proposed by MPs and expands offences for which media houses can be punished by a government-controlled tribunal.

A day before the House passed the Bill, Energy, Information and Communication Committee chairman Jamleck Kamau withdrew the changes to the then proposed law that had been agreed upon with media interest groups.

Cord MPs argued that the Constitution doesn’t allow the President to prescribe laws for Parliament as this would create the possibility that he can come up with bad laws and force them on MPs.

IMPOSE FINES

The signing into law of the Act now means that the Communications and Multimedia Appeals Tribunal retains the power to impose fines on media houses and journalists, recommend deregistration of a journalist and make any order on freedom of expression.

It has also placed the successor of the Communication Commission of Kenya in the hands of the President and the Communications Cabinet Secretary as they can freely influence the appointment and removal of its board.

That body, the Communications Authority, will have the power to dictate how much of local content radio and television broadcasters should have.

Journalists took to the streets to protest the Bill ahead of its debate and passage in the House terming it draconian and asked the President not to assent to it.

However, President Kenyatta defended it even before appending his signature to it and criticised as selfish the position of the Media on the new law.