You can now apply for job to police journalists

By ALPHONCE SHIUNDU                                      

Information and Communication Cabinet Secretary Fred Matiang’i has invited applicants to apply for jobs to watch over the media in a special issue of the Kenya Gazette out Friday.

Dr Matiang’i advertised posts in the Media Council of Kenya and the new all-powerful Communications and Multimedia Appeals Tribunal.

The Legal Notice dated January 14 gives those interested just seven days to apply. The Media Council is under the Media Council of Kenya Act, while the Communications and Multimedia Appeals Tribunal is under the Kenya Information and Communications Act. The Cabinet Secretary’s action opens the floodgates for a full-blown war in the corridors of justice regarding the legality of the two laws.

“All along we have said the two laws are unconstitutional, because they are discriminatory and because they impose a limitation of the work of a free media,” said Mr David Ohito, the vice-chairman of the Kenya Editors Guild.

“What is the rush in implementing these laws when there’s an agreement even with the parliamentary committee that the law is unconstitutional and has to be repealed as soon as possible?” posed Ohito.

Senior Counsel James Orengo and the Law Society of Kenya are leading the media players in a court battle to challenge the laws that Matiang’i is in a hurry to implement. The worry for journalists is on the Kenya Information and Communications Act, whose penalties of a maximum of Sh500, 000 for journalists and Sh20 million for media houses, threaten the survival of a free press.

FOUR VACANCIES

There are four vacancies up for grabs in the tribunal. The chairperson of the tribunal will be nominated by the Judicial Service Commission.

The same controversial law requires Matiang’i to advertise positions in the tribunal in “at least two newspapers of national circulation” within 14 days of the commencement date of the Act, which was January 2.

That deadline expired yesterday and apart from the Kenya Gazette seen by The Standard, questions are bound to arise as to why Matiang’i, did not publish the advert in at least two daily newspapers. Ohito’s view is that Matiang’i appears to be keen to “control” the media using the controversial law that gives him near-absolute control over the Communications and Multimedia Appeals Tribunal that has the final say on complaints against journalists.

“The Cabinet Secretary, it appears, has an agenda that he wants to execute. We’ll oppose such moves with very strong sentiments and through all the legal options at our disposal,” said Mr Ohito.

According to the Act, Matiang’i  has powers to decide who sits on the tribunal and can convene a selection panel to pick three names for each vacant slot in the body.  The Cabinet Secretary has the discretion to pick any one in each batch of three or to reject the names altogether, and tell the selection panel to repeat the exercise.

The term for the tribunal members is three years, but they can be fired at any time by Matiang’i who can appoint a team to investigate complaints against the members.

The selection panel will have members drawn from the Media Council of Kenya, Kenya Private Sector Alliance, Law Society of Kenya, Institute of Engineers of Kenya, Public Relations Society of Kenya, Kenya National Union of Teachers, Consumers Federation of Kenya, and the Information ministry. The tribunal can impose fines and recommend suspension or removal of a journalist from the roll of journalists at the Media Council.