Kenyan President Mwai Kibaki on Friday signed into law the controversial Communications Amendment Bill 2008, ignoring the protests by the media stakeholders and other Kenyans.
Kibaki said in a statement that he had received numerous appeals from the industry asking him not to assent to the bill.
The president said he carefully considered the concerns raised by the media industry which mainly relate to section 88 of the Kenya communication act 1998, which gives the government power to restrict media operations during a state of emergency.
He said he personally took note of the fact that Section 88 is not part of the Kenya Communication Amendment Bill, 2008.
"I have carefully considered the concerns that were raised by the media which mainly relate to Section 88 of the Kenya Communications Act, 1998 which gives the government power to restrict media operations during a state of emergency," he said.
Kibaki is now urging the key stakeholders in the media industry to address queries raised in Section 88 separately.
"This section is in fact contained in a separate Act, the Kenya Communications Act, 1998. Therefore, by refusing to assent to this Bill, I will not have addressed this concern of the media," he said.
Kibaki said he assented to the bill on the strength of its critical importance to this country's economic development, especially in regard to regulation of all electronic transactions.
He pointed out that the Business Processing and Outsourcing (BPO) sub sector has created over 5000 jobs so far and the enactment of the new law would enhance investor confidence and lead to more jobs and economic benefits especially for the youth.
"Indeed, by and large, the regulation of the electronic transactions in Kenya creates room for pursuit ideals in Vision 2030 while regulating the electronic media would promote and safeguard our culture, morals and nationhood," the president said.
Kibaki reiterated his government's commitment to the ideals of Press Freedom and Democracy and assured the media and the public in general that the country will not roll back on the gains made with regard the ideals of press freedom and democracy.
He, however, appealed to the media to recognize that freedom must go hand in hand with responsibility.
The president emphasized that while press freedom is a cardinal pillar of democracy, it is a right that carries with special duties and responsibilities, adding that press freedom must therefore be counterbalanced with other freedoms and must at all times take into account the overriding interest and the safety of Kenyans.
The contentious piece of legislation gives the government authority to close down and dismantle media outlets by declaring a state of emergency or citing security concerns.
It will also give the Minister for Information undue influence over media content through the government-appointed Communications Commission.
Source: Xinhua
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