Nairobi, Kenya: The Law Society of
Kenya (LSK) will seek to be enjoined in a suit challenging the controversial
Kenya Information and Communication Amendment (KICA) Bill 2013.
Apollo Mboya |
The LSK Secretary/CEO M Apollo Mboya
said that the Society has instructed Senior Counsel James Orengo over the
public interest matter. “LSK has instructed Mr. Orengo to have it enjoined as
an interested party in the suit scheduled to be filed by Senior Counsel Paul
Muite challenging KICA Bill,” Mboya said. Mboya said that LSK is seeking to be
enjoined as an interested party for purposes of articulating the broader
constitutional issues.
“Our concerns are on the freedom of expression and
information with a view of safeguarding constitutional provisions on the same,”
Mboya said. Mboya said that one of the objects of the Society as provided in
the LSK Act Cap 18 is to represent, protect and assist members of the legal
profession in respect of conditions of practice and otherwise. “The KICA Bill
raises several constitutional questions…we have further analyzed the
President’s Memorandum on the Bill and its implications on the Media Council
Act 2013,” Mboya said.
The LSK Secretary/CEO said that even though President
Uhuru Kenyatta forwarded a Memorandum on the Bill to Parliament, it did not
adequately address the constitutional issues therein,” Mboya said. According to
the analysis, the complaints commission should be retained under the Media
Council Bill as the sole body to regulate professional ethics of journalists.
The Multi-Media Appeals Tribunal undermines constitutional principles on free
and independent media under the principle of self-regulation and co-regulation.
“The Media council of Kenya should also be allowed to set standards and
continue enforcement of professional ethics in line with Article 34(5) of the
Constitution,” Mboya said.
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