FortySouth

According to this article from AllAfrica.com, President Kibaki has relented on his inclination to immediately implement the Kenya Communication (Amendment) Act 2008, and has directed the Information Minister to delay its gazetting.

The Attorney General Amos Wako and the Minister Samuel Poghisio, with input from the Media Owner’s Association,  will review the Kenya Communiation Act 1998 and the Kenya Communications (Amendment) Act 2008, to address possibly additional amendments.

There’s no ETA mentioned for how long this process will take but with the pressure to review Sections 88 – 92 of the 1998 Act piled sky high right now, the turn-around time may be fast.

What should be amended?

• The authority granted in Section 88 (2)  of the 1998 Act to the incumbent Internal Security Minister to unilaterally declare a public emergency by signing “a certificate” should be rescinded. That authority should be vested either in the President by executive order (the buck stops here) or by majority vote in the National Assembly.
• For the Internal Security Minister to perform any punitive action against a rogue broadcasting or telecommunications establishment “in the interest of public safety and tranquility”, it should be sanctioned by a Court of Law.  While the Minister may have the mandate to determine when this interest occurs because of sensitive intelligence he may be privy to by virtue of his portfolio, an injunction should be sought for cease-and-desist orders etc., just as warrants are needed for search and entry of premises.
• Section 46H of the Amendment Act conferring on the Communications Commission of Kenya power to prescribe programming code should also be reviewed. The Commission perhaps should have authority to review malfeasance or malpractice in aired content rather than (rigidly) determine programming code.

Your two-cents?

What do you think? Specifically what Sections do you think should be reviewed and what should be instituted instead?

Since December 11th, 2008 sections of the media and some human rights groups have been very vocal about how press freedoms will be curtailed by the passing of the Kenya Communications (Amendment) Bill 2008 in the House. After January 2nd 2009 when the Bill was enacted, the story has been pinned as front page news by virtually all media houses.

The BBC had this to say of the Bill recently signed into Law:

The law gives the Kenyan authorities the power to raid media offices, tap phones and control broadcast content on grounds of national security.

Really?

There’s more…

As of Friday January 2nd 2009, the Kenya Communications (Amendment) Bill 2008 has been assented to by President Kibaki and the Kenya Communications Act of 1998 has now been amended by the Kenya Communications (Amendment) Act 2008.

So now what?

Well, in my view, one thing we need to move away from is focusing the discussion on the Amendment Bill; there’s that element of futility since it’s now an Act of Parliament.

This Act The 1998 Act contains debatable sections, most notably Section 88 – 92, which I previously discussed.

The Act could now either be:

• Repealed – highly unlikely the amendment Bill will be repealed;
• Amended – a new Amendment Bill is introduced that specifically deals with Section 88 and the other contentious clauses; according to the Minister of Justice & Constitutional Affairs, Martha Karua, it’s a possibility.

Of course the fortunes of any of the above actions seeing the light of day depends greatly on the political mood of the country. Perhaps some news may be made on Tuesday when the Prime Minister Raila Odinga holds a ‘crisis meeting’ with ODM top brass to “reassess the party’s standing in government” . Word is the VP and PM were not privy to the President’s intentions to assent to the Bill.. It will be interesting to see how this unfolds.

Related Posts:

• Are sections of the media being disingenuous on the Bill?
• Gazetting of the Bill is delayed, will be reviewed..