Why the proposed Media Bill is ‘almost perfect’

Journalists in Nairobi protest against the proposed Media Bill./mapambano

The proposed media bill has not only appalled many but also cast doubts as to whether good state-press relations will ever find a footing in a country that preaches democracy and practices something else.

Leaders from every nook and cranny have poured vitriol on Members of the Kenyan parliament for passing what experts term as a “repressive and unconstitutional” law, which is alleged to strip any remaining freedom from the media.

A fortnight ago, former vice president Kalonzo Musyoka warned of a return to dictatorship if MPs keep alive their efforts to gag the press and silence the civil society, the only remaining critics of the present government.

Poured vitriol

Former Prime Minister Raila Odinga echoed his sentiments, and called for a free press.

As deputy president William Ruto exudes confidence that the president will not sign the bill, all eyes now focus on the president, waiting to see if he will make good his promise.

President Kenyatta says he will not sign the bill before ironing out contentious issues with all stakeholders; a local daily quoted him as saying.

An expert privy to the contents of the contentious bill intimated that some parts are good as they will promote professionalism in the media industry, while other parts of the same bill remained vague and potentially punitive to media houses and journalists.

“The media should be left to self regulate themselves like other professions. For instance, lawyers have the Law Society of Kenya, teachers have the Teachers Service Commission, while doctors have the Medical Practitioners Board.” Says Mr. Kerich, an expert in media relations.

“I do not see why the media council should not be strengthened to regulate the press that is in line with international standards.’ Adds Mr.Kerich.

Trying sheep in a hyenas court

According to the proposed bill, the government will form a vague board that will regulate what the media reports, and unfortunately, no member of the said board is a journalist.

“This is ridiculous.  It is like trying sheep in a hyena’s court and expecting justice.” chided another expert.

The bill also proposed exorbitant fines for individual journalists who are caught on the wrong side of the law.

“Errant journalists will part with at least Shs 1 Million, same applies to the media houses,” Said Henry Onchoka, a media consultant.

The crime might be something as minor as “failing to separate facts from opinion,” he adds.

Onchoka says this will result to a suppressed media so fearful to report the happenings and risk going out of business due to such sanctions as heavy fines and threats to their reporters.

Journalists summoned

A fortnight ago, Kenyans reeled in shock after the government summoned two journalists for exposing and portraying the police as thieves.

Mohamed Ali and John Allan Namu of the Standard Group had aired CCTV footage allegedly showing Kenya Defence Forces soldiers carrying bulging white plastic bags bearing the logos of Nakumatt supermarket, as they tried to secure the Westgate Mall following an attack by the Somalia militant group Al Shabaab.

Interior cabinet secretary Joseph Ole Lenku was quoted as saying that the journalist duo acted as if they were glorifying the terrorists and vehemently denied the soldiers looted as claimed.

An army spokesperson reportedly said the security forces were carrying drinking water from the supermarket which was located inside the mall.

Lenku later admitted that some soldiers looted, and sure enough, a few were dismissed and arraigned in courts.

“A case in point is that if the media did not expose the rot at the Westgate, no one could ever know thus they must be allowed of their place as the fourth estate,” added the expert.

“This is vendetta; I believe the MPs are trying to silence the media after they have been portrayed as greedy and selfish since claiming a salary increment.

This is not how democracies work. They  (parliamentarians) are public officers and the public must know what their representatives are doing,” says Kerich.

Weed out quacks

“They should give media a chance to do their work, and I am still waiting to see how this works out because the politicians are also the guys who own the media houses.” Adds Onchoka.

“However, we must agree that the same bill seeks to streamline the profession and also to create more employment.  If those contentious issues are solved, I think we have a very good and realistic bill here,” says Onchoka.

The bill proposes that at least 60 per cent of the broadcast content be local, thereby reviving the sick horse that is the film industry.

Currently, local media houses have been feeding their audience on cheap and third rate films from Nigeria and Asia, building foreign economies while depriving the local industry of massive income.

“Kenya boasts of top notch film makers and actors who can even hold a candle to their Nigerian counterparts, and it is sad we knowingly sit on our film industry, a local gold mine,” a top rated film maker lamented.

“Just recently, the government introduced Uwezo fund which is aimed at empowering the youth, and even film makers were not left behind. A fund was introduced to support those making good local content and this is a very good move as it will create jobs in this sector,”

The new bill also seeks to license all practitioners in a bid to weed out quacks who have infested the industry like fleas.

According to a highly placed expert who wished not to be named, the media industry is now “full of fame hungry pretenders and quacks, and just a few professionals,” that is why the best journalists are still jobless while people who have never seen the inside of a media school now ’rule the airwaves.”

Or rather, which other profession do we find people just joining without any vetting?

“In Kenya, you just need to get famous, and you get that media job, that is why we have some very irresponsible scribes,” said Job Kiarie, a media practitioner.

“We must be able to shield our institutions from a rogue parliament or else we go back to the dark oppressive days when Kenyans had to look over their shoulders before saying anything.” Maintains Mr. Kerich.

*Names have been edited to protect the identities of the respondents.

Of pulling out of ICC, and elusive justice

If news doing rounds in the local scene are anything to go by, it is little secret the H.E the president of the Republic of Kenya, who is a suspect at the International Criminal Court, will not attend the hearing of his case, a move that is set to stir a heated debate over the fate of the victims of Post Election Violence.

President Kenyatta, together with his deputy and Radio journalist Joshua Sang are facing war crimes and crimes against humanity leveled against them by The Hague based court.

A fortnight ago, cabinet secretary in charge of foreign affairs insinuated that at no time in history has any head of state appeared before any court of law to answer to criminal charges.

“No” to Rome statute

Little wonder that she confirmed what the Kenyan parliament has been mulling over for quite sometimes now.

For the record, parliament has been preparing a motion to pull Kenya out of the gnashing jaws of the ICC, a motion that “is set to be tabled at the floor of the House soon,” Majority leader Adan Dualle told the press in Nairobi.

As the government grapples with the question of how to deal with the trials which have claimed the audience of the top most echelons of power , thousands of victims, still languishing in appalling conditions inside tents say any remaining hopes of ever getting justice now hang on the balance.

Political pundits have predicted dire consequences for the East African nation if the presidency makes the move, and a stall in international relations will be among the short term implications as the outside world supposedly slaps Kenya with economic sanctions.

However, a survey conducted by a private media house indicated that most Kenyans were contented with the presidency skipping the trials, claiming that the country is sovereign, while a handful thought that this will promote a culture of impunity in a country reeling from the aftermath of the 2007 post election crisis which claimed the lives of at least 1000 people.

Permanently disabled

Scores of others were injured, while dozens remain maimed, permanently disabled and unable to fend for themselves.

More than 500, 000 were also left landless and consigned to the tents.

The president is on record promising to honor court summons and to appear before the ICC, and many have now been left wondering, why the cold feet? Why now?

His deputy is already at The Hague where he is attending a hearing of his case. His conformity with the ICC could only fuel speculation that his senior will follow suit and take his stand, in a move that could have given the victims a lifeline, as justice could have been done, or be seen to be done.

nothing happened after the 2007 election

In a worst case scenario where the presidency gives the court a wide berth, PEV victims will be handed a final and fatal blow as there is nowhere else to turn to, sadly, and as expected, there is not even a local mechanism to try anyone.

It is like nothing happened after the 2007 election.

The question remains, who will fight for the victims?

The move might been seen as the best by the powers that be, but, what if a repeat of the violence recurs in the near future?

Who will try who?

Will justice be meted on the victims and the perpetrators of the violence?

What will happen to that man or woman who saw his or her children been butchered, just because they came from the wrong tribe?

Will the woman who was burnt but survived to tell the story ever get justice?

What about the orphaned? Their lives were turned into nightmares after their parents were butchered by bloodthirsty goons, all in the name of politics?

What about the yelling voices of women and children who were burnt to death inside a church where they had sought refuge, will their spirits be avenged?

Who performed the atrocities?

What happened to more than the reportedly 500 people named by the Commissions of inquiries formed to investigate the violence?

Where will they be tried, who will try them, what happened, why is there no local court trying them?

Was the ICC the only path to justice?

Where are the human rights activists, the defenders of the poor, the champions of justice?

Kenyans and the government will wish the above questions away, simply because you were not affected does not mean you will never be affected. Next time it might be you.

Sadly, it is like hiding our heads in the sand to avoid seeing a disaster.

I rest my case, hoping that God will hearken to the cry of the victims, the wretched of the earth.

GOD BLESS KENYA.

Tough times as VAT law defiles Kenyans, condemns them to starvation

The stories of women roping their stomachs to appease the deadly pangs of hunger in far flung counties, of dying children and the blood cuddling pictures of starving, hunger stricken old women awaiting death now ring through the minds of most Kenyans as tough times reckon, this time round instigated by the same government that promised to shield its citizenry from starvation.

Tough times indeed for the common man.

It is now clear that Kenyan Members of Parliament (M.Ps) threw all caution to the wind and passed the now frowned upon and devastatingly unpopular Value Added Tax Bill (VAT Bill) that among other things sought to increase the prices for essential commodities like milk and flour, the staple for the common man. Consequently sending the cost of living to the rafters, and condemning Kenyans to a certain death knoll, death through starvation.

Death through starvation

It is common knowledge that most Kenyans live below the poverty line, or what the United Nations (U.N) describe as living below a Dollar a day.

And the move by the government can only sound like a sure death sentence.

The aftermath of the ripples created by the said law have been felt in every nook and cranny of the country, gripping a population with shock and disbelief.

The cost of everyday essentials, the basic needs like food has risen to unprecedented highs with a liter of processed milk now retailing for Shs.130, up from the previous cost of Sh. 75, the equivalent of one Dollar, while that of other commodities continue to compete on a free rise as unscrupulous traders connive with the government to rip off the already suffering Kenyan.

Majority of Kenyans eke out a precarious existence, some living off garbage while a raft of others sleep hungry hoping against hopes that tomorrow will be better, amid an avalanche of problems including run away corruption, high cost of living, poor sanitation due to a rise in population, mass unemployment, diseases ,poverty and deprivation.

Living below the poverty line

Unless the U.N redefines the popular cliché of “living below the poverty line” and sets it at three dollars a day, a colossal amount that most Kenyans will definitely not afford, it seems that one dollar can buy you nothing in Kenya now, save for a few rolls of chewing gum to assuage the dreadful pangs emanating from the empty stomach.

Or a  few rolls of toilet paper, a move which will be self defeating in that the trips to the lavatory will be infrequent and far between.

Tough times ahead

It beats logic to realize that a government cannot raise funds to finance its budget thereby resorting to hurting the already overtaxed Kenyan and subjecting him to untold suffering and hunger leaving him staring starvation, and death on the face.

And tough times are yet to come.

If Kenya Power, the company that supplies electricity decides to make good their threats of raising the cost of power due to the now effective VAT taxes, everything will shoot up, dealing the final and fatal blow to a population.

VAT Bill

The VAT Bill was passed in April 2013 and the president of the Republic of Kenya gave it the green light by assenting to its provisions, setting the stage for and seating as a judge in a case condemning Kenyans to” Death by Starvation”, and watching from the high table as the riffraff of the society, yours truly included, suffer from anguish and deprivation.

The Bill is reported to have imposed tax on previously zero rated items including foodstuff, bicycles, and a barrage of other basic necessities, only months after the new government assured Kenyans that the cost of living will be driven to an all time low and that essential goods will never be affected by the bill.

My crystal ball tells me that a hungry man is an angry man.

Kenyans are watching. Soon, push will come to shove and they will demand for justice.

Hut tax

A friend opined to this writer that during the colonial and postcolonial era, there were all sorts of taxes being levied to poor Kenyans, from the infamous hut tax, bicycle tax to a myriad of others, the government of the day defiled its populace left right and center, not only making life unbearable but also removing dignity from the very life, a scene that might sadly come back, half a century later.

I end where I started. The Kenyan scenario resembles the proverbial mother devouring her young ones.

The more things change, the more they remain the same. 

photo credits remain with respective owners.

Why Mutula’s autopsy report will never be released

His demise was a complete shocker to Kenyans.
 

A cabinet minister is found dead in his bedroom. A nation mourns. Jokes, facts, truths, propaganda and theories saturate the air.

A daily spectacularly claims he was assassinated, another chips in with a sordid claim that Mutula Kilonzo could have died of a Viagra drug overdose, a drug used to enhance stamina during sex.

Thousands of Kenyans take to social media sites Facebook and Twitter where they milk their theories dry, making wild claims and trading sick tirades. The onslaught continues…

Bloated with theories

Kenyans had been bloated with theories, information and misinformation about the death, while gutter press materials flew left right and center, quenching the massive demand for information.

Their editors go on overdrive, serving the population with uncalled for information and pure hogwash, the twists and turns changing faster than a chameleon changes colors.

Surely, everyone knew something about the mysterious death.

The government assures of a quick and transparent autopsy.

A private pathologist is flown into the country to oversee the whole process, transparency looks a sure bet, not the elusive character it was before.

After a few hours post mortem the media reports that all the pathologists were in agreement over the cause of Mr. Kilonzo’s death but surprisingly the results were to be released three months later.

Kenyans went on a daze. They had time to prove their theories and speculations right or wrong.

Few gave up, They were sure the results will never be made public. Thousands forgot.

Pockets of others hoped and waited with baited breath. They wanted to know what killed their cabinet minister.

Sinister motives

They accused the family of harboring sinister motives. Accusations were traded.

Fast forward to August 2013, more than three months later. Machakos senator Johnstone Muthama acting as the family spokesman drops the bombshell.

The family is going through a lot, including court cases and this is not the right time to release the results, he says. The results have to wait for another two months.

Deathly silence greets the announcement. Kenyans protest the declaration. Fingers are pointed at the family. 

 

Hushed tones claiming cover up start emanating from different quarters. Most whine and grumble. They had been shortchanged.

More mystery.

And the question goes unanswered, again.

What killed Mr. Mutula Kilonzo? Silence, more silence. Speculations.

And the anguish continues.

Where there is smoke there is fire. Maybe Kenyans were right. Maybe their speculations could hold water.

What if he was assassinated? We would like to know who did it and why?

And what if he had a visitor in the night preceding his demise, had fun but the reportedly blue drugs took the better off him? 

 

And what if some unknown assailant planted deadly chemicals in a bottle in his room and he drank the poison unknowingly?

And what if life had reached its natural run and it was his time to meet his creator?

Silence. More speculations.

The more things change the more they remain the same.

Someone tell us!

Not yet, Uhuru!: Fraud or blackmail? Tell us, Kethi

Not yet, Uhuru!: Fraud or blackmail? Tell us, Kethi: Her rise and fall read like a script from a Hollywood movie.  Many described her as a no nonsense young lady when she vigorous...

Fraud or blackmail? Tell us, Kethi

Her rise and fall read like a script from a Hollywood movie. 

Many described her as a no nonsense young lady when she vigorously argued cases at the Supreme court of Kenya, where she represented parties challenging the legitimacy of an Uhuru – Ruto presidential win.

She had made her name before. She had represented thousands in courts, was a daughter of a seasoned lawyer cum politician, but this particular case inked a permanent mark in her checkered career.

Three months down the line and her star is still shining bright. She was grooming herself to succeed her late father.

Her campaigns had hit feverpitch. What with denizens shouting and dancing themselves hoarse in praise of her name?

It was so clear she could have clinched the seat with a land slide win. But as fate would have it, she didn’t.

It was like De Ja Vu. Within weeks she was riding on an orgasmic wave, making news, chickening out her opponents in the race. But, within days, she was back in the courts, this time round, taking the stand reserved for the accused.

 A tribunal had to be formed to determine whether she had registered as a voter or not, a core qualification for anyone seeking political office.

It was helter skelter, the drama, the arguments, the heated submissions, the intrigues, and the hue by Kenyans who watched their inspiration being capitulated and annihilated on set. It was like a movie.

The Television cameras that made her a heroin were at it again, this time ready to undress and expose her to all.

It was a massive fall reminiscent of that from glory to grass.

Her political ambitions were hanging on a balance. Within days she had been declared unfit to run. All the political dreams she harbored were evaporating, and fast.

They say it doesn’t matter whether you fall, what matters is how fast you rise again and dust yourself up.

She proved her detractors wrong. She was made of sterner stuff.

She rose again, challenging the tribunal’s decision in the Court of Appeal which gave her the much needed lifeline.

Though she couldn’t seek election anymore, her party was given a green light to field another aspirant.

Her brother fitted the bill. He was made a king in a split second.

But her deterioration continued, it was like a bad strain of deadly cancer. Justice was after her neck.

She had helped thousands get the same justice, now roles have changed.

They say laws are cross cutting and apply to all and sundry. Sadly, the same courts that make heroes can also make villains.

Inasmuch as we loved you, there is this little thing you are not telling us. How and where did you get that voters card? You can opt to remain mum and wish the question away; unfortunately, the courts of law want the same questions answered.

Accusations of fraud, foul play, and mudslinging politics come at play. But the onus is on you alone to unleash the truth. Was it blackmail, fraud, foul play or mere poly-tricks?

We are listening……..

Why Kenyan Senator Mutula Kilonzo died

Only days after the sudden and shocking demise of Senator Mutula Kilonzo, a seasoned lawyer turned politician who was not afraid to speak his mind however controversial the issue at hand was, and theories have begun precipitating left right and center, ranging from the mundane to the bizarre.

As the disturbing facts finally sink into our minds, many tongues have been left wagging, some pointing out that the good old lawyer might have committed suicide, others insinuating that food poisoning could have been at play; while still others believe it is just another political assassination.

Puzzled many

Perhaps explaining the reason why there have been calls for a probe into his death which puzzled many.

In a country where political assassinations have been part of our history, it becomes increasingly unbelievable that the high and mighty, and the politicians and the who is whos, and the “Top Honchos” in the society can actually meet their creator following natural death or old age or even failing health.

Sadly, only the poor, the “Riff Raff of society” die of natural causes.

As we console the bereaved and mourn the dead, we must be alive to the fact that anything could have been a cause of his death, including but not limited to natural causes.

 

A year ago, Kenyans witnessed yet another demise of a prominent politician, the late professor George Saitoti who was until his death, a cabinet minister.

Hon Saitoti died in unclear circumstances after his chopper caught fire and killed all the passengers.

His death has never been satisfactorily demystified, and a commission probing the death pointed to human error.

Such grim statistics raise questions over the deaths of any other politician.

Fast forward to 2013 and another cabinet minister bites the dust.

This time a controversial, intelligent and brilliant senator, barely a month into office.

According to a political journalist who interviewed him, Mr Kilonzo is said to have intimated that he had an explosive piece of information that could have shaken the whole country, but could reveal it at the right time.

But that was too late, death caught up with him before he could divulge his little secret.

The script changes

According to evidence pieced together by witnesses, Hon Mutula kilonzo ate his favorite meal of roast meat Friday evening at his farm house in Maanzoni, just a few kilometers outside Nairobi.

It was after he retired to bed when he passed on in his sleep, but not before vomiting in his sink.

“Mr Kilonzo was found dead in bed yesterday at around 11 am by is workers,” reported the Daily Nation.

Police and medical investigators thronged the home of Mr Kilonzo shortly after he was pronounced dead.

In sharp contrast to Hon Saitoti’s death in the thick of Ngong forest, police rushed to the scene but could not seal off the area, something that commissioners investigating his death said could have been a plot to compromise and tamper with evidence.

 

So, just a curious question, what were a whole contingent of police doing in Hon kilonzo,s home shortly after his death?

Medical forensic experts and the Criminal Investigations Department could have ably probed the matter.

We just wish that if anything else rather than natural death will be disclosed as a cause of death, we will not hear a situation where evidence could have been compromised as with the Saitoti case, which an investigative journalist concluded was a political assassination.

Perhaps this is the reason why denizens are refusing to believe that their beloved politician succumbed to failing health, or as the media suggested cardiac arrest.

Cardiac arrest has been confirmed as the single largest killer of humans in the USA.

As the government pathologist performs a post mortem of the late Kilonzo today, Thousands of Kenyans will be watching, to either give life to their myriad of reasons why he died, of dismiss them altogether.

And finally, as we wait anxiously to know the cause of his death, we pray that Mr kilonzo died of natural causes and that the truth will be revealed to all and sundry.

That said, death has robbed the country a revolutionary leader, who will be remembered for his firm stand for what was right, even when everyone else thought otherwise.

May his soul rest in eternal peace.

When the gods want to destroy a man, they first make him mad

It was the legendary Chinua Achebe who once quipped,’ When the gods want to destroy a man, they first make him mad,’

A fortnight ago, Kenyans were treated to yet another political drama when the Prime Minister Raila Odinga descended on to Kondele grounds on the fringes of Kisumu city armed with a bible.

The PM is said to have equated himself with Jesus of Nazareth, and also reminded the crowds that just like Jesus, he has suffered but he is alive.

The PM also condemned last week’s ruling by the Supreme Court, which upheld the win by President and vice president elect Uhuru Kenyatta and William Ruto as the duly elected leaders in the March 4 polls.

“Supreme court ishindwe, shindwe!” he chanted in unison with his die hard supporters.

And social media was awash with reactions and counteraccusations as Kenyans again tore each other to parts in line with their ethnic affiliations.

“I wonder how low the PM can sink, this was a whole new low.” Wrote Mustapha

“When will he move on with his life, he lost,, period,” asserted another Kenyan.

According to Kevin Amwatsi* Raila odinga has really failed his followers who have started to realize how pedestrian he has become following the court’s decision.

“Si Mjinyonge, U stole our victory!”(Kill yourselves you thieves, you stole our victory) screamed Owano Felstus.

Raila told supporters that the Supreme Court had teamed up with the enemies of development to end his political career.

Word has it that he might make a comeback into house politics, and plans are underway to either nominate him to parliament or prevail upon an ODM MP to step down for him so that a by election could be held where he will vie for MP.

My canon ball tells me that he might get another thrashing at the ballot if he results to such unorthodox theatrics of divisive politics.

A number of MPs were heard claiming that without the duo of PM Raila and outgoing VP Kalonzo Musyoka, the government will run roughshod on them(Opposition) thereby reducing the country to a one party state.

“The duo will keep the government of the day on its toes,” said an ODM MP who sought anonymity.

Raila and Kalonzo are yet to comment on this developing possibility.

On using or misusing the bible, Raila might attract the wrath of God to the people, a face book friend told me.

“This man will not escape the wrath of God, he has mocked him, while blaming his political detractors, let us pray that God does not punish the whole country for one man’s carelessness,” commented Wasike Geoffrey* on Facebook.

While Raila and his ilk think that the newly elected set of leaders will not deliver the goods and will instead shepherd us to doom, let’s wait and see what happens, because, no one is a prophet to know what will happen, an old man told this writer.

I end where I started, ”When a mad man walks naked, it’s his kinsmen who feel the shame,” Chinua Achebe, May his soul rest in peace, once said in his fourth novel, A Man of the people.

*Not the real names.