The Media Bill passed by Parliament last week is one of the many attempts by the Government to control the media, writes Athman Amran.
As the controversial Media Bill 2007 which aims at scaring away crucial news sources that would like to remain anonymous awaits President Kibakis assent , spirited attempts by the current administration to gag the Press can be traced back to embarrassing scandals exposed by the Fourth Estate.
They include the multi-billion shillings Anglo Leasing and Goldenberg scams, in which top Government officials were allegedly involved. The fictitious Artur brothers saga also ranks highly among embarrassing exposes.
The Anglo Leasing scandal was one of the biggest embarrassments to the Kibaki Government. It led to the resignation of senior Cabinet ministers.
Vice-President Mr Moody Awori was also mentioned in the Anglo Leasing saga but withstood mounting pressure and refused to resign.
News sources or whistleblowers, like the ones who exposed the Anglo Leasing and Goldenberg scandals, are now being targeted by the new Bill.
Some in Government also seem to blame the media for the defeat of the pro-Government Banana camp by the Orange team at the referendum vote in 2005.
One thing led to another. The Government came out fighting.
Standard Group offices were invaded
In one of the major attempts to intimidate the Press, the Standard Group offices were invaded by heavily armed hooded police officers on March 2, 2006. They disabled KTN broadcast equipment, carted away computers and burnt the days newspapers.
Internal Security minister, Mr John Michuki, said the Government raided the Standard Group because the media house had “rattled a snake”. He even threatened to repeat the invasion.
It was news sources that told sections of the media that the raid on the Standard Group was first discussed by three Cabinet ministers in an office in Nairobi and executed by a special squad of the police, mostly from outside the city.
The purpose was to allegedly “teach them (The Standard Group) a lesson.” This would also serve to intimidate the independent media into submission. This information came from sources within the police force.
The saga of the Artur brothers who were suspected to have been involved in the raid on the Standard Group put Michuki and several Government ministers in an awkward position locally and internationally, thanks largely to news sources.
Government ignored speculation
While Interpol regarded Artur Magaryan as an international fugitive, the Government honoured him and his “brother” Artur Sargsyan with the posts of Deputy Commissioners of Police.
They drove around in cars bearing Government registration numbers and had Kenyan passports and security passes that allowed them access to any part of Kenyas airports.
The Government ignored speculation and damning revelations by the media (through sources) until the internationally embarrassing incident at the Jomo Kenyatta International Airport when Arturs drew guns and threatened to shoot security officers.
The truth on the relationship between the Artur brothers and the Government remains a mystery to Kenyans as the Kiruki report is yet to be released due to “security reasons”.
Michuki was dominant in the Arturs brothers saga and his spirited fight against the media.
Still on the Arturs saga, the Government attempted to “squeeze” the media to a corner when Standard Group Deputy Chairman and Strategy Advisor Mr Paul Melly, Chief Operating Officer, Mr Paul Wanyagah, Editorial Director, Mr Kwendo Opanga and Group Managing Editor, Mr Chaacha Mwita were held incommunicado for close to 10 hours in April this year.
Fist Lady stormed into the Nation Centre
They were arrested following a lead story published by The Standard on April 16, which quoted one of the deported Armenian brothers, Artur Magaryan. Magaryan claimed he had been hired by people in the Government to abduct and possibly assassinate Baringo Central MP, Mr Gideon Moi. The directors were later unconditionally released.
One of the most embarrassing moments in Kenyas State House politics came when in early 2005, First Lady Lucy Kibaki stormed into the Nation Centre at night, on the eve of the World Press Freedom Day and harassed journalists.
This was after Mrs Kibaki hit the headlines after storming the Muthaiga residence of former World Bank Country Director, Mr Makhtar Diop, and disrupted his farewell party.
These high drama attempts to intimidate the media caused embarrassment to the Government.
Mr Mutahi Kagwe, the Minister for Information, Kagwe came up with the controversial Media Bill 2007 as one of the ways of clipping the Fourth Estates wings.
The controversial Bill would have been passed word for word were it not for the hue and cry from media practitioners, some MPs and civil society organisations.
The intention was to have the media under the tight control of the Government.
Last minute introduction of clause
Ironically, Kagwe had worked with the Standard Group between 1983 and 1994, where he rose to become the Commercial Operations Director. Incidentally it is under Kagwes watch as the Information minister that the Standard Group was raided as well as a local radio station, Hope FM, along Valley Road.
Another attempt by the Government to rein in the media came with the last minute introduction of a clause to the Media Bill by Ol Kalou MP, Mr Muriuki Karue.
It intended to corner journalists, create a cul-de-sac to the freedom of expression and make editors shiver when they come across some critical stories involving top Government figures.
Clause 38 (4) reads: “When a story includes unnamed sources and the matter goes to court, the editor of the story shall be compelled to reveal the source”.
Tellingly, he Bill was passed by only 27 MPs. The quorum should be 30 members, excluding the Speaker.
Kagwe, who was present when the Bill was passed, later said the clause, “refers to a scenario where you describe a person, and it is obvious to everybody, and when you go to court you say I was not referring to that person, then you will be duty bound to say whom you were referring to, but it has nothing to do with the source of your story”.
Minister has personal issues with the media
Under intense pressure from Kenyan editors who sought the Presidents intervention, Kagwe last Friday forwarded the Bill to the Attorney General Mr Amos Wako for “a fresh look”.
He added that he was even ready to ask the President to hand it back to the House before signing it if it turns out the contentious clause will undermine the freedom of the Press.
Karue, who introduced the clause, has personal issues with the media. In 2003, he sued the Standard Group and the Nation Media Group for alleged defamation. The suits were dismissed as the courts ruled there was no defamation.
Among those who supported the Bill are those who have had nasty brushes with the media like Justice and Constitutional Affairs minister, Ms Martha Karua. She has had a string of cases against media houses for alleged defamation.
One of Karuas altercations with the media was after the hijacking incident while in the company of Catholic Priest Father Dominic Wamugunda.
The ministers relationship with the media was so strained that at one point she was given a media blackout for some time.
MPs complained of having been “victims” of the Press
She confesses thus: “The media is a great tool for upholding democratic principles and for fighting against corruption. The media can also be a very destructive tool, if not used responsiblythey can perpetuate a hate campaign against individuals, groups and sections of society”.
Karua had on March 25, 2004 filed a defamation suit against Kiss FM and its two presenters Ms Caroline Mutoko and Mr Walter Mongare alias Nyambane.
Tuju had around this time said a circular had been sent to all radio and TV stations warning them of consequences of disregarding professional ethics.
He was then (November 2005) giving a ministerial statement after Kaiti MP, Mr Gideon Ndambuki claimed that some radio stations were inciting Kenyans against each other and were likely to plunge the country into civil strife.
In April 25, 2007 Karua lost a defamation case against The Standard Group and its Editorial Director, Mr Kwendo Opanga.
Today, Karua terms the Media Bill as “most progressive”.
Other MPs who passed the Bill complained of having been “victims” of the Press. Mbita MP Mr Otieno Kajwang, who was struck off from the list of lawyers by the Law Society of Kenya (LSK) some years ago for alleged professional misconduct, was one of them.
Bill contravenes the Witness Protection Act
Kajwang claims to have been the subject of negative stories in the media while Gwasi MP Mr Zaddock Syongo says: “You may never know how it feels until you become an object of ridicule by the media”
Ntonyiri MP, Mr Maoka Maore has equated journalists to monkeys carrying loaded guns. “We need some controlin every bit of society you have some mad men and women. It is these elements that we want to control,” he says.
When the Media Bill was about to be passed, nominated MP, Ms Njoki Ndungu opposed it.
She said: “Protection of sources is at the core of the practice of journalism. This is unconstitutional and it contravenes the Witness Protection Act”.
The Witness Protection Act, which was passed last year, prohibits disclosing identity of whistleblowers.
Muite terms the amendment by Karue as “atrocious”.
“If the President assents to the document, journalism is in jeopardy and it will be a major blow to investigative journalism,” Muite says.
He adds that the move would expose whistleblowers and deny the public vital information.
He claims that “State agents” keen on controlling the media introduced the contentious clause.
Laikipia West MP, Mr G G Kariuki says: “In my view no rational leader would want to muzzle the Press because no leadership can survive without the support of the Press. It has to inform the public what that leadership wants”.
Kariuki says the media have served Kenya by fighting corruption.
Appealed to the President
The East Africa Law Society of Kenya chairman Mr, Tom Ojienda says: “The clause will discourage the public from disclosing information and this is likely to make the fight against corruption and other social ills difficult”.
The Standard Group, the Media Council of Kenya, the Editors Guild and other media stakeholders have appealed to the President to save the media industry from the bad clause in the Media Bill.
Wanyagah and Opanga took issue with the clause introduced by Karue.
“The publics right to know is at the core of a free Press. Medias commitment to truth and its role as the watchdog of the society would be hampered by that clause. We ask to be spared from it,” Wanyagah said.
Opanga said: “This amendment seeks to compel media houses to disclose their sources. Sources are party to and parties in a story and they could be named or remain unquoted especially where they seek to protect themselves from reprisals from those they have exposed”.
“This amendment is asking the media to blow the whistle on whistleblowers or face unspecified legal action.”
The Law Society of Kenya has vowed to go to court to stop the implementation of the proposed law if Kibaki assents to it. US ambassador, Mr Michael Ranneberger and his German counterpart, Mr Walter Lindner, want it subjected to further scrutiny.
Lifted and published by Korir, API*APN africanpress@chello.no tel +47 932 99 739 or +47 6300 2525 source.standard.ke
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