To: jaluo @ jaluo dot com

By Agwanda Saye

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.

The LSK Secretary/CEO Mr. Apollo Mboya said that the Society has instructed Senior Counsel Mr. 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,” Mr. Mboya said.

Mr. 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,” Mr. Mboya said.

Mr. 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,” Mr. 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,” Mr. 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,” Mr. Mboya said.

Ends