Don’t Gag the Media: Respect Kenyans’ Right to Information
DON’T GAG THE MEDIA: RESPECT KENYANS’ RIGHT TO INFORMATION
A) Preamble:
One of the fundamental achievements in Kenya’s 2010 Constitution, is the Bill of Rights, as enshrined in Chapter Four of the supreme law. The Bill outlines various fundamental rights and freedoms that should be enjoyed by Kenyans. Specifically article 21 (I) states that, “It is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights.
In addition, the same article (4) calls on the State to respect human rights and fundamental freedoms, when enacting and implementing legislation to fulfil its international obligation. Some of those critical freedoms and rights aptly captured under the Bill of Rights are; Freedom of the media and Access to information (articles 34 and 35 respectively).
In view of this, the National Council of Churches of Kenya has considered and reviewed yesterday’s debate in Parliament and the subsequent passage of Powers and Privileges of Parliament Bill 2014 and wish to say the following.
B) Message to Parliament:
When Kenyans voted in the last general election on 4th March 2013, they were looking for leaders who will advocate and articulate issues on their behalf as stipulated by the constitution. These issues included the high cost of living, mega corruption, runaway insecurity and the need for sound legislation and policies that are transformative.
Cognizant of this, the NCCK is certain that the Kenyan voter was not looking for a leader or an MP for that matter, who would perpetually engage in matters of self-aggrandizement, impunity and derail the country’s constitutional achievements.
Yesterday’s passage of Powers and Privileges of Parliament Bill 2014 by Parliament, is a poignant reminder of the circus that has continued to characterize the 11th Parliament. By passing the Bill with clauses that propose hefty penalties to those who would be seen to have “Scandalized Parliament,” we can only assume that the MPs’ clearly stated their position on where they stand on matters of accountability. Towards this end, it is our considered opinion that MPs’ refusal to subject themselves to public scrutiny is an abuse of the public office and indeed an affirmation that Parliament, has failed the test on leadership and Integrity.
Parliamentarians have in the eyes of the public acted in unflattery ways sometimes inside parliament. Reporting of the same when it happens only informs Kenyans what their representatives do. It is foolhardy for us as a national to keep battering the messenger instead of improving the message he carries.
We wish to remind them that as stipulated in the Third Schedule, they took an oath of office to bear allegiance to the people of Kenya. Kenyans therefore, will not allow them to run amok, but shall consistently continue holding them to account directly or through various institutions.
Claims by some MPs that they could be helpless should the media or anyone publish false reports against them are utterly baseless, since there is already adequate legislation on defamation. MPs are not sacrosanct or indeed immune to the rule of law, hence they cannot legislate and be the judge at the same time.
In the meantime, the NCCK commends those MPs who have time again remained the voice of reason on such issues and urge them to continue standing with the people of Kenya.
C) Message to the President
Mr. President, whereas the contents of the entire Bill may not be bad, the NCCK wishes to specifically draw your attention to the clauses that touch on media freedoms and access to information. This is a fundamental right to everyone and precisely so, that is one of the reasons Kenyans voted for the Constitution.
Judging from the history of most of our legislators, we consider as suspect the MPs’ introduction of the purported new offence called “Scandalising Parliament,” in the Powers and Privileges Bill 2014. We have no doubt that this is not only another machination by the MPs to hoodwink Kenyans but also an attempt to claw back on media freedoms in the country and limit access to information. The media plays a critical role in any democratic society and helps to expose ills in society. We therefore call on President Uhuru Kenyatta not to assent to the Bill with the offending clauses, but instead send it back to Parliament, to allow a wider stakeholder approach and consensus on them. The president is duty bound to ensure that Kenya continues to uphold the rule of law and remains a model of democracy and respect for the rights of the citizens in the region.
D) Conclusion:
We wish to conclude by urging Kenyans to remain steadfast and vigilant on national issues. We also commend the Fourth Estate for its role in the country. Let us all exercise our democratic right and make wise decisions.
Signed at Jumuia Place, Lenana Road, on this 15th day of October 2015 by
Rev. Canon Peter Karanja
General Secretary
