Kenya
New Kenyan bill "threatens the media"

afrol News, 13 May - Reactions are strong after the Kenyan Parliament on 8 May adopted the Statutes Law Bill (Miscellaneous Amendment Bill), which increases the fees of publishing newspapers one hundred times. Media organisations claim the bill "gravely threatens the survival of the weakest titles."

The French media watchdogs Reporters sans Frontières (RSF) expressed its concern today about a bill adopted by Kenyan MPs, and called on the head of State to ask the government to drop the bill, saying it was repressive and a "clear threat" to media diversity in Kenya. "It naturally discriminates in favour of richer newspapers and introduces an ambiance of intimidation at all levels of production," said RSF secretary-general Robert Ménard. 

The Statutes Law Bill, tabled by Attorney General Amos Wako increases the cost of newspaper publishing bond from 10,000 shillings (150 euros) to one million (15,000 euros). Those who fail to conform risk a fine of one million shillings and/or a three-year prison sentence. Re-offenders can even be jailed for five years or even permanently banned from publishing anything. The law also punishes those who sell or distribute papers that haven't paid the bond.

Current Kenyan law already constricts publishers by requiring them to register with the government, pay a libel insurance bond, and submit copies of every publication to a government registrar.

The measure is an attempt to eradicate a proliferating "gutter press," according to the government. But critics claim politicians are trying to cushion themselves from embarrassing revelations before the election, to be held by the end of this year. Journalists and media owners, who insist they can clean up the industry on their own, have drafted a code of ethics and are forming a regulatory council. 

One of Kenya's leading newspapers, the 'East African Standard' in its editorial column complained that "Kenya is making a gigantic and tragic step backwards by denying the essence of freedom it claims to cherish. The right to know is a central tenet of democracy but Kenya has criminalised the right to information." The Kenya Union of Journalists (KUJ) describes the bill as "a betrayal of democracy," and plans to move to court to block the bill, according to IPS.

The US-based organisation Human Rights Watch (HRW) says the increased fees "could curb the right to freedom of expression. And that right is enshrined in international law and Kenya's own constitution." Peter Takirambudde of the group says "This measure could muzzle the press in a critical election year."

RSF further noted that 'The People Daily' and its former editor, George Mbugguss, were sentenced on appeal on 22 March this year to pay 20 million shillings (about 300,000 euros) in libel damages to trade and industry minister Nicholas Biwott. An article on 10 March 1999 implicated Nicholas Biwott, then Minister for the East African Community, in the allegedly corrupt award of a contract in a hydro-electric dam construction project.

National and international pressure is now against Kenyan President Daniel arap Moi, who is to step down after two decades in office. RSF and HRW have urged President Moi not to sign the law into effect, and are supported by Kenyan stakeholders.

Sources: Based on RSF, HRW, Kenyan media and afrol archives

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