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Journalists petition Attorney General seeking amendments to retrogressive media laws

Kenyan journalists at a past press conference. (Photo: Courtesy)

By Maureen Kinyanjui | Monday, July 1, 2024

KPJA also raised concerns about the Computer Misuse and Cybercrimes Act (2018), arguing that some of its provisions contradict Articles 33 and 34 of the Constitution.

The Kenya Parliamentary Journalists Association (KPJA) has submitted a petition to Attorney General Justin Muturi seeking his intervention in amending various laws that are adversely affecting the media industry.

KPJA, which has been advocating for the interests and welfare of parliamentary reporters for 25 years, emphasised the need to align Kenyan laws with constitutional guarantees on freedom of expression and media.

In the petition presented by KPJA chairperson Duncan Khaemba and its Secretary General, Julius Otieno, the association highlighted recent High Court rulings that declared sections of the Penal Code and the Kenya Information and Communications Act unconstitutional.

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"These decisions are especially relevant for the media and journalists as they buttress the rights and freedoms crucial to the effective functioning of both, namely Articles 33 and 34 of the Constitution of Kenya (2010) on Freedom of Expression and Freedom of the Media, respectively," reads the petition in part.

KPJA pointed out three pivotal High Court decisions. In Geoffrey Andare vs. Attorney General & 2 others (2016), the court ruled that Section 29 of the Kenya Information and Communications Act, which criminalised "grossly offensive" statements and false statements that are annoying or cause anxiety, was unconstitutional.

In Jacqueline Okuta & another vs. Attorney General and 2 others (2017), the ruling declared Section 194 of the Penal Code, which criminalised defamation, unconstitutional.

Additionally, in Katiba Institute & 8 others vs. DPP & 2 others (2023), the court found that Sections 77 (1) and (3) of the Penal Code, which defined the offence of subversion, were unconstitutional.

appeared before the Public Investments and Special Funds Committee today to address the implementation status of the Senate's resolutions on County Public Investments and Special Funds.

Attorney General Justin Muturi appeares before the Public Investments and Special Funds Committee on June 20, 2024, to address the implementation status of the Senate's resolutions on County Public Investments and Special Funds. (Photo: Justin Muturi/X)

Citing these rulings, the association has requested the Attorney General to revise and omit the voided provisions from the annual supplement to the Laws of Kenya.

Specifically, they seek the removal of Section 29 of the Kenya Information and Communications Act and Sections 77 (1), (3), and 194 of the Penal Code.

KPJA also raised concerns about the Computer Misuse and Cybercrimes Act (2018), arguing that some of its provisions contradict Articles 33 and 34 of the Constitution.

The association pointed to Section 22, which creates the offence of false publications; Section 23, which deals with the publication of false information; and Section 27, which addresses cyber harassment.

"Our reading of these provisions against Article 33 indicates that they do not meet the threshold for limitation provided under Article 33 (2) and are therefore illegal and injurious to the rights of all Kenyans generally and to us journalists specifically," reads the petition in part.

KPJA has urged AG Muturi to advise and recommend to Parliament the repeal of these specific provisions due to their unconstitutionality.

The association believes that these changes will harmonise Kenyan laws with the constitutional framework and uphold the rule of law and the public interest.

"This matter should therefore be treated with the urgency and seriousness it deserves," KPJA emphasised, calling for immediate action to protect the rights of journalists and ensure the free flow of information.