CPJ urges Kibaki to reject media bill

December 22, 2008

H.E. Mwai Kibaki
President of the Republic of Kenya
Office of the President, Harambee House
P.O. Box 30510
Nairobi, Kenya

Via facsimile: (254) 202-50264

Dear Mr. President,

We urge you to reject the recently passed Kenya Communications Amendment Bill, which includes provisions that would severely harm press freedom. Legislators approved the measure on December 10, ignoring concerns raised by journalists, media company owners, and even fellow lawmakers. This month, on the day marking Kenya's independence, journalists such as Caroline Mutoko, Larry Adego, Mzee Jalang'o were detained after demonstrating against this deeply flawed legislation.

We believe the concerns of Kenya's media community should be heeded. Journalists are alarmed that the information and communications minister would effectively be empowered to appoint all members of a powerful new communications commission. The bill vests in this new commission expansive powers, not only over licensing, but over broadcast content and scheduling. The measure doubles existing monetary and prison penalties for a number of categories, including invasion of privacy and sending misleading messages. The commission would be empowered to shutter stations that do not pay penalties within a short period of time.

The measure duplicates existing regulatory roles and appears to reverse existing media ownership structures. The proposed commission would duplicate the responsibilities of the Media Council of Kenya, which has government representation to arbitrate media disputes. It also appears to prohibit cross ownership of media, which would affect numerous companies already involved in print and electronic media.

The bill still contains contentious provisions found in the 1998 Kenya Communications Act. Section 88, for example, allows the Security Minister to raid media houses and confiscate equipment on grounds of state security. Parliament insisted on maintaining this passage despite strong opposition from the House Committee on Communications and from civil society representatives.  

Many believe the 1998 law should be revised, but this flawed measure is not the answer and should not be signed into law. In 2007, you laudably rejected a repressive media bill that compelled journalists to reveal their sources. We trust that you will join other voices within your government, including that of Prime Minister Raila Odinga, to reject this bill and uphold press freedom in Kenya.

Sincerely,

Joel Simon
Executive Director