MPs break promise, gang up to pass anti-media law

Members of Parliament on Wednesday ganged up to pass a draconian law that imposes a Sh500,000 fine or a two-year jail term on journalists who file adverse reports about them, leaving media practitioners’ fate in the hands of senators.

It will require the majority of senators to vote against the punitive law, which gives the Parliamentary Powers and Privileges Committee the sole mandate of hearing and sentencing journalists on charges of false or libelous reporting of Parliament.

The Bill, which governs conduct of parliamentary affairs, must pass through the Senate because senators are Members of Parliament before it goes to the President for assent.

Should the Senate reject the proposed law, the Bill could end up in mediation between the two Houses.

Passage of the Bill, which insulates MPs from adverse reporting, comes hot on the heels of revelations that Parliament lost nearly Sh0.5 billion through fraud committed by officers in the Finance and Procurement departments.

National Assembly Speaker Justin Muturi has invited the Directorate of Criminal Investigations to probe the theft, leading to suspension of five officers.

MPs voted at the committee of the Whole House stage to reinstate the clause in the Parliamentary Powers and Privileges Bill, 2015 sponsored by Eldas MP Adan Keynan.

Mr Keynan had on Monday proposed to delete the punitive clauses at the committee stage.

On Wednesday, MPs overwhelmingly overturned Mr Keynan’s proposals to retain Sections 34 and 35 of the Bill, which imposes severe penalties for defaming Parliament.

READ: Parliament drops attempt to gag and penalise reporters

They, however, agreed with Mr Keynan and deleted clause 27 of the Bill that barred the media from covering Parliament or its committees without express permission of the Speaker or chairmen of committees.

Section 34 of the Bill states that a person who publishes any false or scandalous material on Parliament, its committees or its proceedings or speaks words defamatory of Parliament its committee or its proceedings is liable to a fine or jail term.

“A person convicted of an offence under the Act, for which no penalty is provided shall be liable on conviction to a fine not exceeding Sh500,000 or a term of imprisonment not exceeding two years or both,” Section 35 states.

Mr Keynan and Leader of Majority Aden Duale pleaded with MPs to delete the clauses, but were overwhelmed.

Mr Duale termed the provisions scandalous and serious even as he pleaded for sanity among MPs who hold public positions.

“We must be open to public scrutiny by virtue of the public positions we hold,” he said.

Mr Keynan had assured journalists that he had lobbied fellow MPs to have the draconian clauses dropped from the Bill.

Passage of the Bill also goes against Mr Muturi’s promise to journalist at a media breakfast meeting last month that the offensive clauses would be removed.

Mr Keynan said he was only “a conveyor belt” for the Bill, which originated from the Parliamentary Service Commission (PSC) that Mr Muturi chairs.

“If we do not pass this clause it will open the door to all Toms, Dicks and Harry to write false and inaccurate information about members. We remove this clause because of liberty and freedom to information. This clause will hold journalist accountable for what they write about this House,” Ferdinand Wanyonyi (Kwanza) said.

Rarieda MP Nicholas Gumbo argued that deleting Sections 34 and 45 of the Bill would open Parliament to mob justice where all manner of scandalous information would be published about legislators.

“It is a good clause and I totally oppose its deletion,” he said, adding that journalism like other professions required to take responsibility for its actions.

James Nyikal (Seme) supported the retention of the clauses, arguing that “it would guard against reporters peddling falsehoods.”

“Media practitioners should not be allowed to get away with scandalous reporting. Those engaged in such activities need to be sanctioned,” he said before MPs voted through acclamation to throw out Mr Keynan proposals to delete the clauses.

The MPs also voted to remove a clause that would have seen the creation of the office of standards and ethics, an equivalent of the ombudsman, which would check the conduct of the legislators and propose sanctions.

Reacting to the turn of events, Kenya Parliamentary Journalists Association (KPJA) chairperson Roselyne Obala appealed to the Senate to reject the Bill. She termed the Bill’s passage by the National Assembly retrogressive and a blow to media freedom.

“Why would MPs come up with a clause on defamation yet there exists an Act of Parliament on defamation which puts safeguards for the benefit, of aggrieved parties?” she asked.