Stop Govt From Controlling Our Freedom of Expression and Association!

Civil Society and Non-Governmental Organisations in Kenya have played a huge role in not only advocating for expanded rights of expression and association, but have also stood in where the government has failed in delivering services to the people of Kenya.

The Statute Law (Miscellaneous Amendments) Bill, 2013 contains far reaching clauses with the intention of amending the Public Benefits Organisations Act adversely. This would limit the independence of NGOs and the spirit and letter of the Constitution of Kenya, 2010. We call upon the shelving of these clauses and immediate consultation with industry players within the civil society.

Kenyan media has also been proactive in keeping Kenya's civic spaces open.
Again, the Kenya Information Communication (Amendment) Bill 2013 intends to erode this contrary to the constitution.

WE formally lodge this petition concerning the ongoing spirited campaign by the Government to shrink the civic space of expression and association.

This is being done through a legislative onslaught to suppress the media and, diminish the civic space via unwarranted state interference of freedom of association of Civil Society Organisations (CSO’s) through unconstitutional bills and amendments; the Kenya Information Communication (Amendment) Bill 2013 and amendments relating to the Public Benefits Organisations Act 2013 via the Statute Law (Miscellaneous Amendments) Bill, 2013.

We draw attention to the following:

His Excellency the President of Kenya Uhuru Kenyatta’s pledge to defend the constitution and protect the rights of the Kenyan people.

CSO’s

· Proposed changes affecting NGO’s are an unmistakably calculated authoritarian effort to limit the civic space in which civil society organizations (CSOs) operate especially human rights and democratic governance organisations.

· The Government risks violating CSO’s freedom of association and the right to operate free from unwarranted state intrusion or interference in their affairs.

· NGO funding provides millions of Kenyans with important interventions to support their livelihoods and helps to build skills and knowledge to equip Kenyans to be active and engaged members of society. These resources might otherwise not be accessible due to limiting economic and social factors.

· NGOs play a vital role in Kenyan society and often provide additional services, particularly for hard to reach communities and vulnerable people.

· Laws and regulations governing CSOs should be implemented and enforced in a fair, apolitical, objective, transparent and consistent manner.

· The Jubilee manifesto in the “Uwazi” Pillar states that this Government will manage their relationship with the NGO sector in accordance with internationally recognized best practices.

· The Jubilee Manifesto also commits this Government to finding ways of working with the sector so that the country can fully benefit from its expertise and experience.

Media

· The right to freedom of expression includes the right of broadcasters to be free of State and political control, influence or interference.

· Although broadcast media can benefit from official regulation, a number of guarantees on freedom of expression must be in place, crucially the independence of the broadcast regulator.

· Government presence and influence of the Board of the authority of the broadcast regulator and oversight over the proposed Communications and Multimedia Tribunal severely critically impedes the independence of the Authority.

· Power given to a state controlled media regulator to hand out extreme and punitive remedies on the on the right to practice journalism is a violation of media freedoms.

· The passed media law and proposed amendments to the pending media law are an attempt to muzzle the media for its critical coverage on Government activities and public officials; as well as deliberately shrink the civic space for engagement and awareness facilitated by the media.

We call for;

1. His Excellency the President of Kenya to decline to assent the Kenya Information Communications (Amendment) Bills 2013 in keeping with his pledge to defend the constitution and protect the rights of the Kenyan people.

2. The Speakers of the National Assembly and Senate to jointly resolve the question as to whether the Statute Law (Miscellaneous Amendments) Bill 2013 is a Bill concerning counties to the extent that proposed amendments to the Public Benefits Organisations Act 2012 directly impacts livelihoods, development goals and targeted funding for county needs.

3. The Commission on Revenue Allocation to make recommendations to the National Assembly and the Senate on the impact on counties if the proposed 15% cap on external donor funding by Public Benefits Organisations becomes law.

4. The National Assembly to delay the tabling of the Statute Law (Miscellaneous Amendments) Bill, 2013 for the first reading until the provisions violating freedom of association are deleted and those provision that severely limit the enabling environment for CSO’s are removed.

5. Members of the National Assembly and Senate to reject the proposed amendments to the Public Benefits Organisation Act 2012 as unconstitutional and a violation of freedom of association.

6. The immediate address of this petition in view of the urgency of the matters raised.