Kenyan editors are demanding the government withdraws a bill from parliament that could give the state powers to raid media houses and seize broadcasting equipments at will.

Editors have described the Kenya Communications Amendment Bill 2008, also known as the ICT bill, as draconian and oppressive to a media that has previously successfully fought against the introduction of such an act.

Last year media practitioners took to the streets protesting the Media Bill 2007, which looked to force journalists to disclose their sources.

When first tabled, journalists sought the removal of sections that would bar cross-ownership of media – a move seen as an attempt to close down the nation’s largest media houses, The Nation and The Standard, which both own a broadcasting and print outlet.

David Makali, chairman of the country’s Editors Guild, has questioned why the government has hurried to enact the laws, arguing that it should concentrate on the passage of the Freedom of Information Bill that has been going through parliament for the last four years.

The Freedom of Information Bill seeks to replace the existing Official Secrets Act and improve access to public information by the public.

“Why is the government obsessed about controlling the media and seeking power to get into media houses at will, instead of freeing the ground for us to access information. What is the priority: punish media houses or inform the nation?” asked Makali.

Hannington Gaya, chairman of the Media Owners Association (MOA), said if passed into law, the repercussions of the bill, which mainly targets broadcasters, could be ‘even more dangerous’ than those from the Media Bill.

“This bill is illegal, immoral and unconstitutional. Through this bill, the information and communications minister and his internal security counterpart are working together to frustrate the freedom of press,” claimed media consultant and politician, Tony Gachoka.

According to Gachoka, the bill is meant to justify acts like the infamous raid on the Standard Group.

In March 2006, the then internal security minister, John Michuki, ordered a police raid on the Standard Group, resulting in a loss of millions of shillings.

In an unprecedented attack on the media, around 30 heavily armed and hooded police from the elite Kanga squad, ostensibly formed to fight armed and dangerous criminals, descended on the Standard’s offices at midnight, beating up employees, breaking doors, stealing employees’ mobile phones, removing CCTV cameras and carting away 20 computers.

Police officers later took broadcaster KTN TV off air for about 13 hours and disabled the Standard’s printing plant, setting light to thousands of copies of the day’s edition as it rolled off the presses.

In a phone interview information and communications minister Samuel Poghisio said the bill seeks to harmonise law and policy in the ICT industry, which is the fastest growing industry in Kenya.

The bill will be tabled in its current form, said Poghisio, adding that any further amendments will be done according to the vibrancy of the industry and that editors should await the passage of the laws in parliament to raise their issues.

“If they do not revise those issues we will seek redress in court,” responded Makali.

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Dennis Itumbi reports for Journalism.co.uk from Nairobi on the media in Kenya:

The Kenyan Government has bowed to pressure from media owners and dropped plans to outlaw cross-media ownership and endorse the invasion of broadcasting stations.

New laws tabled in parliament by Samuel Poghisio, Kenya’s Information and Communications Minister, suggest the controversial clauses have been removed from the Kenya Communications (Amendment) Bill 2008.

The removed clauses made it illegal to own a broadcast station and newspaper at the same time.

However, the new bill emphasises the growth of local programming at local stations. ‘The Kenyan identity has to be maintained throughout the programming and enhanced quantity of such programmes should be aired,’ it states.

At one time former minister Raphael Tuju, who now chairs the Ethnic and Race Relations committee in the Office of the President, demanded that local stations’ output was at least 40 per cent local content – no station complied. However, stations have recently been increasing local production across the country.

The new bill strips the Minister for Internal Security of proposed powers to invade ‘rogue stations’ and seeks to elevate the Communications Commission of Kenya (CCK) into a fully fledged information and communications regulator. If passed, the bill would empower the CCK to license and regulate broadcasting services.

The new proposals sailed through the first reading in parliament on Monday.

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