The Kenya Union of Journalists has sued ICT Cabinet Secretary Eliud Owalo and Parliament over the current media resolution framework in the media sector.
The framework is supposed to resolve disputes in the media.
The union argues that it is stained with ambiguity, uncertainty and contradiction and thereby incompatible with Article 33 and 34 of the Constitution .
Article 33 and 34 of the Constitution provides for freedom of expression and freedom of the media.
“The current framework for dispute resolution in the media sector which includes the Media Complaints Commission, the Communications and Multimedia Appeals Tribunal as well as the judiciary, is structured in a manner that is replete with overlapping of mandates, uncertainty and ambiguity and therefore inimical to the right of access to justice, media freedom and freedom of expression.”
“It is notable that the provision setting out the functions of the commission suffers internal ambiguity and vagueness as it does not clearly stipulate the subject matter jurisdiction of the Commission, thus leaving litigants with the task of figuring out what kind of complaints to bring before the complaints commission,” the union says
It contends that the media complaint commission and appeal tribunal have been rendered dysfunctional and unrealiable with the further consequence of flood gate media disputes within the mainstream judiciary because of the jurisdictional uncertainties and ambiguities.
“As a further consequence of the inefficiency and ineffectiveness of the dispute resolution mechanism, the media industry has suffered disparate approaches by the courts and regulators in enforcement of ethical standards in a manner that ultimately threatens media sustainability and viability.”
The union says the conflicting, ambiguos and uncertain manner in which the media resolution framework is couched violates the criteria for limitation of freedom of expression under article 24 (1) of the Constitution.
The union wants the court to declare the architecture for media dispute resolution entailing the Media Complaints Commission and the Communications Appeals Tribunal as ambiguous, overlapping, uncertain and unreliable and incompatible with the right of access to information.
KUJ with other media organizations has variously raised the issue with information CS Owalo however on review of Kenya Information and Communications Act (KICA) acknowledged the legislative anormaly but fell short of recommending the reform in it’s draft bill
“An order of structural interdict directing the Attorney General and Parliament to undertake the necessary amendments to the Media Council Act and the Kenya Information and Communications Act to harmonize the industry-based dispute resolution framework for the media sector and to report to this Honourable Court within six months of the steps so taken,” read the court papers
By Pinnah Mokeira
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