Crystal, Thank you for sharing the below. Articles 19 and 20 are appreciably anchored in the constitution under sections 79 and 80. Nearly every independent nation in today's world has laws that define states of emergency for there will be events that demand such emergencies be declared so as to preserve public order and life. To evaluate the potential for arbitrary declarations, we should review how many times and under what circumstances "states of emergency" have been declared in the last 45 years. If we contrasted this with the case of Egypt which has been under a state of emergency since 1981 http://www.hrw.org/en/news/2008/05/27/egypt-extending-state-emergency-violat... we would be appreciative that there have been no repetitive abuses of such declarations in Kenya. The constitution requires laws that are inconsistent with the mentioned sections to make provisions that are reasonable in the interest of "defence, public safety, public order, public morality or public health". If section 88 is unreasonable then it could very easily be: 1) Declared unconstitutional through the courts. 2) Amended to add safeguards against abuse. 3) Deleted in totality Options 2 and 3 require legislative action while option 1 requires a truly independent judiciary. Option 3 raises the question of what ought to be specifically done about rogue elements that endanger public safety and order were the section to be deleted. A past raid has been cited as one of the driving reasons for deletion, such raids are an abuse not a proper application of the law hence the need for option 2 above and an independent, well functioning judiciary to remedy or deter the same. Were there to be a Kenyan Radio Mille Collines broadcasting content that endangers public life, what solution anchored in law do the proponents for the deletion of section 88 suggest could be used to reasonably prevent such elements from doing so? It seems that this is an issue the proponents are apparently not keen, willing or able to answer. Revisiting the declaration of states of emergencies. The Preservation of Public Security Act offers more stringent measures that would make section 88 appear saintly. Does this imply that the media is comfortable with the more stringent measures of the PPS act? Deletion of section 88 would still leave room for adhoc potentially more stringent section 88's to be imposed under the PPS. It would be best that such provisions are not left open ended as to the extent they can be applied and by whom. 4.(1) Where an order under section 85 of the Constitution (which relates to the bringing into operation of this Part) has been made by the President, and so long as the order is in force, it shall be lawful for the President, to the extent to which this Part is brought into operation and subject to the Constitution, to make regulations for the preservation of public security. 2) Regulations for the preservation of public security may make provision for - (d) the censorship, control or prohibition of the communication of any information, or of any means of communicating or of recording ideas or information, including any publication or document, and the prevention of the dissemination of false reports; On Mon, Dec 15, 2008 at 8:59 AM, Crystal Watley <[email protected]>wrote:
A free and fair media is a necessary element in any democracy. The press is the watchdog of the government. They ensure that the truth be told. The government should have no power in a democracy to control news outlets. If the bill is signed the government is essentially stealing the voice of the people so they will be able to declare a "state of emergency" when it is convenient for them. Giving the government a gag hold on the media's ability to report the truth. The Universal Declaration of Human Rights written 10 December 1948 contains two articles which are in direct opposition to Article 88 *Article 19.*
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
*Article 20.*
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
The government already bears the right to legislate the process of broadcasting and many aspects of the bill are enlightened and will serve us well in the future, but it is necessary that it is not passed in its current form. As human beings and as Kenyan citizens we are born with the right to voice our opinions, thoughts, feelings, and demands.
Is Kenya is a democracy in the Liberal sense? Then it must be bound by the tenets of Jean-Jacques Rousseau, one of the philosophical fathers of the legislative democracy. The current constitution and rule of law is an altered copy of the democratic system of government in the United Kingdom whose constitutions and political thought stem in part from his writings. In the Social Contract by Rousseau he states that "Nothing is more dangerous than influence of private interests on public affairs and abuse of the laws of the government is LESS evil than the corruption of the legislator, which is the infallible result of the pursuit of private interests." He continues that "there is no government so subject to civil wars and internal agitations then the democratic or popular, because there is none which tends so strongly and so constantly to change its form, one who demands more vigilance and courage to be maintained in its own form. It is especially in this constitution that the citizen should arm himself with strength and steadfastness, and every day of his life from the bottom of his heart what a virtuous Palatine said in the "Diet of Poland"; Malo Periculosam libertatem quam quietum seritium." This translates into English as I prefer a perilous freedom to a peaceful slavery. In Swahili - heri kupigania uhuru kuliko amani utumuani!
Crystal Kigoni
Voices of Africa for Sustainable Development
2008/12/15 Moto Baridi <[email protected]>
next thing, they'll require ISP's to block sites that include any "offensive" text or image. Did you just search for "paedophile" in Wikipedia? *"Sorry. The page you requested has been deemed inappropriate by parliament and shall not be displayed. If you have any queries, please contact your MP."* then they'll storm your house and confiscate those Nigerian movies because of that barely-visible 1.2 sec bedroom scene. this is the first step on the slippery slope towards *gov't-sponsored* net censorship. unfortunately, even where it has been implemented by people who understand much more about these things,it has failed miserably in ALL instances. when will people ever learn from the painful experiences of others (e.g. Australia)??
yours cynically, [motobaridi] [carpe noctem]
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-- Crystal "Naliaka" Watley Voices of Africa [email protected] http://www.voicesofafrica.org/
"You must be the change you wish to see" - Gandhi
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