United Democratic Forum Leader Musalia Mudavadi urged the President to return the Bill back to Parliament for the contentious issues to be reviewed.
Mudavadi, through his Press Secretary Kibisu Kabatesi said provisions in the Bill were discriminative, punitive and an act that would criminalise an economic sector and profession.
“It must also not be forgotten that media is an investment even as it serves a social good in purveying information and enables citizens to engage,” said Mudavadi. “Governments exists to provide an enabling environment, but the action of the National Assembly contradicts this principle by purporting to punish the media,” he added.
The UDF leader said the Bill as it stands, abrogates the Human Rights Chapter and specifically violates articles on Equality and Freedom from Discrimination, Expression and Access to Information.
“The National Assembly must be reminded that its legislative authority is a delegated one derived from the people. The National Assembly resolves issues of concern to the people. The Constitution does not envisage situations where the National Assembly turns tables and abrogates the people’s rights and freedoms.” Mudavadi said in a statement.
Under the new law, local media houses will be required to air 45 percent of local programming daily and have 18 months to terminate advertising contracts from foreign firms to meet the prescribed quota.
Veteran journalist Joe Kadhi condemned the passage of the Bill, saying it is unconstitutional and urged journalists to challenge it in court.
Makueni Senator Mutula Kilonzo Junior and former Imenti Central legislator Gitobu Imanyara also said the attempts to fetter freedom of speech are unconscionable.
“Cry my beloved country as we fast slide to the league of failed states with the latest move to suppress freedom of the press. What a shame!” Imanyara said in a message posted on his official twitter handle.
Imanyara who founded the Nairobi Law Monthly in 1987 a publication which was not supportive of the then President Daniel arap Moi’s one party policy was arrested in 1990 after writing a special issue entitled “The Historic Debate: Law, Democracy, and Multi-Party Politics in Kenya’.
He had earlier been arrested and detained for ‘not registering the magazine.’
On his part, Kilonzo said on his twitter account: “The attempts to fetter freedom of speech are unconscionable. It is equivalent to tyranny of fear and trepidation.”
The Kenya Human Rights Commission has threatened to take mass action to protest the Kenya Information and Communications Bill.
Deputy Executive Director Davis Malombe said that the passage of the Bill is a forthright violation of the Constitution and they will take legal action if it is not recalled.
“The President gave the media a clear assurance that he will protect their independence, we hope he will be accountable and not sign that law” Malombe stated while referring to a pledge President Kenyatta gave when he hosted media editors to a historic breakfast at State House, Nairobi in July.
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