KENYA: Attorney general proposes restrictive media bill

IFEX - News from the international freedom of expression community
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PRESS RELEASE/UPDATE - KENYA

26 April 2002

Attorney general proposes restrictive media bill

SOURCE: Committee to Protect Journalists (CPJ), New York

**Updates IFEX alert of 17 December 2001**

(CPJ/IFEX) - The following is a 25 April 2002 CPJ press release:

KENYA: Attorney general proposes restrictive media bill

New York, April 25, 2002-The Committee to Protect Journalists (CPJ) is
alarmed that Kenyan attorney general Amos Wako has reintroduced a repressive
media bill in Parliament.

The contentious Statute Law (Miscellaneous Amendments) Bill would increase
100-fold the bond publishers must pay to insure against losses they may
incur from libel or defamation suits. Currently, publishers must pay 10,000
shillings (US$129) to the Registrar of Societies. Under the new legislation,
this bond would rise to 1 million shillings (US$12,863).

Publishers argue that the proposed bond is prohibitive and is part of a
campaign of systematic legal harassment against the Kenyan press.

In fact, the bill comes as President Daniel arap Moi, members of his family,
and other powerful politicians have brought-and won-several crippling libel
and defamation suits against newspapers and bookstores. In 2001, the
judiciary awarded record damages to plaintiffs, effectively silencing
critical publications by bankrupting them.

Publishers that fail to post the new bond face fines totaling 1 million
shillings, a three-year jail sentence, or both. Recidivists risk five years
in prison and a permanent ban from the publishing industry. Several small
newspapers would be unable to pay the higher bonds proposed by the bill and
would be forced to shut down, according to local press reports.

In addition, distributors and vendors who sell publications that have not
paid the bond could be fined up to 20,000 shillings (US$257), imprisoned for
up to six months, or both. Publishers fear that these provisions would
intimidate vendors into refusing to sell certain publications.

"This bill is a blatant attempt by the Kenyan government to silence critical
journalism via financial and bureaucratic harassment," said CPJ executive
director Ann Cooper. "We urge Attorney General Wako to withdraw this unjust
legislation immediately."

The bill has already had two readings in Parliament, where it met with stiff
opposition. If the law passes during the third reading, which has not yet
been scheduled, it will go to President Moi for his signature.

Reviving old threats

During the last two years, the attorney general has introduced several
versions of the bill to Parliament in efforts to clamp down on Kenya's vocal
independent media and on the so-called gutter press, increasingly popular
scandal sheets that often print stories about the sexual exploits of
prominent Kenyans.

Each time, Wako has withdrawn the legislation after fierce criticism from
lawmakers and the press.

At the beginning of the year, Wako indicated that he might scrap the current
legislation for good if an independent organization was launched to monitor
the media. Soon after, local journalists announced the creation of the
self-regulating Media Council. The mandate of the council, which is
scheduled to begin operating in May, would include enforcing the Kenya Union
of Journalists' Code of Conduct.

Wako responded by reintroducing his bill, arguing that any system designed
to regulate the press required "legal backing."

For more information about press conditions in Kenya, visit www.cpj.org. CPJ
is a New York-based, independent, nonprofit organization that works to
safeguard press freedom worldwide.

For further information, contact Yves Sorokobi (ext. 112) or Wacuka Mungai
(ext. 106) at CPJ, 330 Seventh Ave., New York, NY 10001, U.S.A., tel: +1 212
465 1004, fax: +1 212 465 9568, e-mail: [email protected], [email protected],
[email protected], Internet: http://www.cpj.org/

The information contained in this press release/update is the sole
responsibility of CPJ. In citing this material for broadcast or publication,
please credit CPJ.
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