From: hrcoord@igc.org (Human Rights Coordinator)
Newsgroups: soc.rights.human
Subject: KENYA: DEFAMATION LAW PROPOSED TO G
Date: 19 Jul 92 17:32:00 GMT
Nf-ID: #N:cdp:1476700232:000:4721
Nf-From: cdp.UUCP!hrcoord    Jul 19 10:32:00 1992


From: Human Rights Coordinator <hrcoord>
Subject: KENYA: DEFAMATION LAW PROPOSED TO G

/* Written 12:04 am  Jul 19, 1992 by newsdesk in cdp:ips.englibrary */
Copyright Inter Press Service 1992, all rights reserved.  Permission to re-
print within 7 days of original date only with permission from 'newsdesk'.

Title: KENYA: DEFAMATION LAW PROPOSED TO GAG THE PRESS


an inter press service feature

by horace awori

nairobi, jul 16 (ips) -- publishing an allegation of official
misconduct may cost the kenyan press dearly if a bill tabled in
parliament this week sails through.

the proposed ''gagging'' legislation, calling for heavy
penalties in cases of libel and defamation, has stirred outrage
among press circles and the country's fledgeling opposition
parties.

the bill is an attempt by ''bankrupt politicians who seek to
protect their dismal records'', said kenya union of journalists
general secretary george odiko.

courts of law would be empowered to award a plaintiff about
32,000 dollars for libel or defamation in respect of offences
punishable by death. for other offences, the proposed award is
about 15,000 dollars.

such figures have never been awarded in this east african
country where the courts have had the power to determine
damages.

the bill also makes it mandatory for a newspaper to carry a
reply or correction within 14 days ''printed free of charge and
given similar prominence as the item complained of''.

''this bill has not come out of the blue. there has been
a lot of preparation for this'', a lecturer at the school of
journalism at the university of nairobi told ips.

preferring to remain anonymous for fear of victimisation, the
lecturer noted one member of parliament, peter okondo, had early
this year called for creation of a press council ''to discipline
the press''.

''now we see what he wanted'', said the lecturer hoping that
kenyans would speak out against this attempt to gag the press at
''this late hour''.

kenya is gearing up for its first multiparty elections early
1993. after president daniel arap moi accepted the multiparty
system in december 1991, a number of political parties have been
formed in the country.

the proposed law was ''the last thing we expected at this
time when the vice president (george saitoti) has been telling
donors that kenya has carried out reforms and is on the road to
democracy'', said a spokesperson of kenya newspapers and
periodicals association. (more/ips)


kenya: defamation (2)

analysts here point out that the government has been
embarassed this year by a multiplicity of new and daring
publications that have carried stories on dubious actions by
the leadership.

the reports included probes into the murder of elbbmminister robert ouko in
1991, and the mysterious fatal accident
of anglican bishop alexander muge the same year.

denouncing the bill in an editorial wednesday, the mass
circulation 'daily nation' said:

''as the press gets bolder and aggressive in this era of
multiparty politics with the attendant provisos for transparency
and accountability, it is likely that it will discover skeletons
in the leaders' closets. it is these individuals, we feel, that
the bill seeks to protect.''

the nation newspapers group managing editor, wangethi mwangi
has described the bill as harsh and targetted at suppressing
freedom of the press in kenya. it would ''kill the instinct of
investigative journalism'', he added.

his counterpart at the 'standard', ali hafidh, said the bill
was dangerous and ''a deterrent to fair criticism by the
press''.

according to amboka andere, editor of the government-owned
daily, 'kenya times', the bill is not ''in the interests of
anybody and will have a damaging effect''.

the draft law ''is legalising censorship'', said pius nyamora
whose 'society' magazine has gone through hard times with
government over coverage of matters considered ''sensitive to
state security''.

another publisher who has also had it rough with government,
gitobu imanyara of the 'nairobi law monthly', sees the bill as
''a sign of a desparate bid to kill what is left of the freedom
of the press in kenya''. he pledged to fight by all means to get
the bill defeated.

a spokesperson of the opposition democratic party said it was
''a dangerous step against the process of democratisation'',
while former kenya vice president oginga odinga who now heads
the main opposition party, forum for the restoration of
democracy, said he was ''utterly concerned''.

a prominent kenyan lawyer, lee muthoga, agrees that there
have been tendencies towards irresponsibility by a few
journalists but that did not warrant new harsh measures to deal
with them as the existing laws are adequate. (end/ips/ha/ar/92)