KIBAKI GOVERNMENT BACKS DOWN ON MEDIA LAW

DAILY NATION
By ANTHONY KARIUKI and PPS
January 7 2009

Kibaki directs AG, Poghisio to study ammendments to the Communications Act.
The two to report to Cabinet with recommendations.

President Kibaki has directed the Attorney General and Information minister to study proposed amendments to Communications Act by media and give recommendations to the Cabinet.

The move is a response to a letter the President received from the Chairman of the Media Owners Association Linus Gitahi appealing to him to consider the ammendments.

He has said he has taken the decision due to concerns raised by the media and asked AG Amos Wako and Information minister Samuel Poghisio to study the proposed changes and consult with the media representatives.

After consulting with the media, the two government officials should then give recommendations on the proposed amendments to the Cabinet for consideration.

The President signed the Kenya Communications (Amendment) Bill 2008 into law on January 2, 2009.

This followed the passage of the Bill in Parliament by 25 MPs late last year.

There has been widespread condemnation of the Bill from the media industry, civil society and Clergy, who have termed it as a retrogressive law that seeks to curtail media freedom.

Section 88 of the Act gives the Internal Security minister the power to seize broadcast equipment in case of an emergency or threat to public tranquillity.

The Communications Commission of Kenya (CCK) has powers, under the law, to dictate to media houses the content and broadcast times of programmes.

On Tuesday, the Media Owners Association and the Editors’ Guild said they will not hold other meetings Mr Poghisio.

“We’ve had many meetings, but there’s never been a fruitful outcome from the Government... they also ignored our proposals to the Communication Bill,” Mr Gitahi said.

Coalition partner Orange Democratic Movement has distanced itself from the President’s action saying that it was not party to the Bill.

It says that Prime Minister Raila Odinga had urged the President not to assent to the Bill until further consultations with the media are held, but his plea was ignored.

For the past three days, the Government has placed two full-page advertisements to drum up public support for the Act.

On Monday, Government Spokesman Alfred Mutua distributed leaflets attacking the media’s position on the Bill.

Already, Kisumu Town West MP Olago Alouch has given notice to file a private members’ motion seeking to introduce amendments to the Act.

COMMENTS:

Submitted by doyuga
Posted January 07, 2009 02:42 PM

I think they are feeling the blackout they have been experiencing for the last two days. Kudos to mediam continue giving this PNU wing total blackout till they learn the lesson clear

Submitted by karibu09
Posted January 07, 2009 02:25 PM

Wao! i think this is the only government in the world that is run from the streets.Recomedations of cabinet and inputs of the cabinet are submited via media and the president acts the same,this government should please resign

Submitted by wuod_aketch
Posted January 07, 2009 02:16 PM

To be honest with you kariste72, Kibaki is leader I would like to erase from my memory before or after 2012.

Submitted by victorKinyanjui
Posted January 07, 2009 02:05 PM

Next: Season2 episode1 - Ping Pong game on Four recomendation 1)From Attorney General 2)From PNU 3)ODM Stand 4)Private Member Motion Next Attraction: episode2 - Muthaura's case. Future Attraction: Season#? - MP Taxations Stay tuned....

Submitted by kariste72
Posted January 07, 2009 01:26 PM

Kibaki, when will you ever learn not to make such silly hasty decisions without proper and inclusive consultation? How do you want to be remembered after 2012? I for one knows how i will remember you; old, cowardly, dishonest and indecisive! This is different from my earlier image of you; young, energetic, honest and a man of Kenyans. Kibaki, what has come of that man we all knew and loved?!

Submitted by Make1
Posted January 07, 2009 12:47 PM

I never stop being amazed by the dithering and confusion in Kibakis leadership. Attorney general was there to advice him from the start not to mention that Martha Karua, an aspiring presidential candidate and material did not oppose what, people who are not savvy to law, can obviously see is a blatant enroachement on an important check on government excesses in a successful democracy. I ask again where was Martha Karua, Minister for Justice and Constitutional Affairs?

Submitted by wsnjau
Posted January 07, 2009 12:44 PM

Reopening this bill would be a mistake. Even before this issue became polarised, I was asking myself what we are going to do with the media following Kriegler and Wak reports. How comes the same people pushing for reforms of ECK, police and what have you are the same ones letting the media off the hook? Why deal with the institutions mentioned in the two reports selectively?

Submitted by jmarka04
Posted January 07, 2009 12:44 PM

now this is ridiculus, the MOA petitioned the president through the PM but he didnt take note. he went ahead and signed the bill saying the problem was section 88 which has nothing to do with the Comm. Act. now there is need to review the act...please the president seems confused

Submitted by angusnassir
Posted January 07, 2009 12:27 PM

Good move. No matter how good, laws that hurt certain sections of our country should not see the light of the day. Consensus should now be built and an agreeable way of regulating the media formulated. We must now sustain pressure so that other wrongs in our society can be righted.