Parliament drops attempt to gag and penalise reporters

Eldas MP Adan Keynan has dropped his bid to penalise journalists who misreport or defame Parliament.

Mr Keynan says he has deleted two contentious clauses in the Parliamentary Powers and Privileges Bill 2014, which would have seen journalist penalised up to Sh500,000 or imprisoned for a term not exceeding two years, or both, for contravening the House rules.

“After reflecting on the views made by the public including a petition from the Kenya Parliamentary Journalists Association, I have decided to delete clauses 27 and 34 in their entirety. In the circumstances, clause 35 of the Bill will not, therefore, apply to journalists,” Keynan said at a media briefing in Parliament on Monday.

Mr Keynan said his proposals would be acted upon by the House during the consideration of the Bill at the committee stage where MPs scrutinise Bills clause-by-clause before they are approved into law.

“I pray that my colleagues will agree with my amendments to the Bill so that we iron out contentious issues once and for all. Since the Bill, which originated from the Parliamentary Service Commission, is in my name, I have decided to amend the contentious sections. I was just a conveyor belt,” he said.

Mr Keynan now wants the punitive penalty imposed on a person “who publishes any false or scandalous libel on Parliament, its committees or its proceedings” removed from the Bill.

READ: MPs in bid to insulate House against courts, media scrutiny

Section 34 of the proposed law had also barred the public and/or journalists from speaking words defamatory to Parliament, its committees and proceedings.

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

Section 27 of the Bill had barred journalists from broadcasting, televising or otherwise transmitting by electronic means the proceedings of a House or a committee of Parliament or any part of those proceedings except by order or under the authority of relevant Speaker or chairperson of a committee of Parliament.

Mr Keynan’s Bill seeks to give effect to Article 117 of the Constitution, provide for powers, privileges and immunities of Parliament, its committees, the Leader of Majority, the Leader of Minority, chairpersons of committees and members and make provision regulating admittance to and conduct within the precincts of Parliament.

The Bill repeals the National Assembly (Powers and Privileges) Act, Cap 6 law which does not envisage a bicameral Parliament.

In his changes, Mr Keynan has also proposed new schedules to the Bill that will see MPs held accountable for their actions within Parliament.