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This letter to the Daily Nation, 31st December 2003, complains about Government attacks on the freedom of the press in Uganda, and demands the repeal of the Books and Newspapers Act.
The publications under threat:
· Citizen Weekly
· Independent
· Kenya Confidential
· The Patriot
· The Monitor
· Dispatch. |
Proscribing alternative press publications repressive
Attorney General Amos Wako's purported order to six publications of the alternative media not to be sold on the streets is a flagrant abuse of the law that should not go unchallenged.
He claims that the publications he has ordered off the streets have not been complying with regulations requiring them to file returns.
This, to say the least, is a false claim that can easily be disproved by the publishers who have been operating for many years now, and have religiously been filing returns every week. Where has Wako been all this time if, indeed, we have been breaking the law?
Discerning watchers are, however not surprised by Mr Wako's extremely draconian move, which is calculated to erode the hard-won freedom of speech.
The move is merely designed to protect corrupt and unscrupulous individuals whose activities we have been consistently exposing.
Sixth Column, the Association of the Alternative Press, is at a loss to comprehend this action by the Narc Government, which came to power on the platform of freedom and social justice.
Clearly, Narc, after only 12 months in power, appears to be resorting to the same old repressive tendencies that had characterised the Kanu regime which in 1999 unsuccessfully attempted to deregister then radical bi-weekly, The Star.Why does the Government and President Kibaki continue to keep Mr Wako as AG, yet he is the very man who perfected the art of suppressing individual freedoms by enacting oppressive laws designed to ensure Kenyans remained gagged forever?
The Sixth Column would like to assert that the publications purportedly proscribed are properly registered with the AG's office, have been duly filing returns, and observe high standards of journalism.
We have reason to believe that the AG is merely acting at the behest of individuals unhappy with the no-holds-barred approach of the alternative press in exposing scandals among the high and mighty.
While we appreciate the fact that some of our members have not been exactly exemplary in the way they have published stories regarding some public figures - indeed some of them may have abused the law - this should be handled on individual basis. Blanket, unsubstantiated allegations are proof that the AG's office does not keep proper records. The law of defamation is clear on the course of action those aggrieved may take.
The alternative press played a pivotal role in the fight for multiparty democracy and the freedom of speech so Kenyans could speak their minds without looking over their shoulder. Mr Wako should not think he can drag us back to the days of repression and intolerance.
The AG's move, coming at a time when we are supposed to be celebrating 40 years of independence, seeks to destroy many jobs and deprive many families of their daily bread. Is this an act of job-creation as pledged by the Narc Government?
Lastly, we assert that the State has no business promulgating oppressive laws such as the Books and Newspapers Act. We believe the spirit of the Act has its background in the colonial period when Africans were denied self-expression.
The Act is therefore a ridiculous piece of legislation that has no place in modern society. Our law-makers should repeal it.
JAMES N. WAFULA,
DAVID MATENDE,
WILLY KIMANZI,
Nairobi.
Article from the Daily Nation, 4 Dec 2003:
Ultimatum to informal Press
Attorney-General Amos Wako gave the alternative Press until next Tuesday to comply with the laws that govern newspapers and other publications.
Mr Wako said the publications, commonly known as gutter, must comply with the law.
He said this as he sought for more time to answer a question by Mr Patrick Muiruri (Gatundu North, Kanu).
Mr Muiruri sought to know the action the AG intended to take against the owners, publishers, editors and writers of the papers which had maliciously damaged people's names and reputation.
Mr Muiruri listed the papers as the Citizen Weekly, Independent, Kenya Confidential, The Patriot, the Monitor and Dispatch.
He asked the AG to table the list of names of editors, publishers and registered offices of the papers for the purpose of litigation.
Mr Wako said: "Whereas I beg to answer the question on Tuesday next week, I put the papers on notice to comply by the law before then".
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