NEW YEAR EVE
Its almost surreal what we are undergoing in Kenya today. Never thought it would happen here. I guess our virginity is now broken. My wireless internet was down. My supplies in the house are at a bare minimum. I did not have Telkom airtime. Non was available in the only shops open today. I did not have any money. I could not find any ATMS working. Finally, Nakumatt Mega was open. Thank God for PLASTIC! Had to wait 3 hours on the queue with other peace loving Kenyans ... reminded me of voting day ... all waiting patiently. I hate myself for thinking about such mundane things when my brothers are dying .....
I sometimes hate being a lawyer because, i am always inclined to view issues in an overly legalistic manner, devoid of the social and political milieu. I think this is the option the ECK took when it decided to certify the presidential results and as Hon. Orengo states, present a fait accompli. By following the black letter law the ECK simply abandoned its larger responsibility of ensuring that the result was free and fair. In future Kenyans will be asking whether they need to vote, if the ECK cannot guarantee a fair result. I just think the ECK should have scrutinised the tallies and we would all be the better off. In any case, I doubt a Court scrutinising the ECK decision would be prepared to say that the ECK decision was wrong where it led to the correct result being certified. After all the court duty in election petitions is to ensure that the result reflects the will of the people.
I would also like to comment on the so called Live Broadcast Ban instituted by GK. This I can clearly state has no basis whatsoever in law. No law was cited to support the ban nor legal notice issued and published in the Kenya gazette to that effect. In fact, I am surprised that the Media Owners continue to respect it and giving it credence by urging the government to lift the ban. i just think that the Media Owners are finding political cover for their own self censorship and if they were serious about their responsibilities they would continue live broadcasts as the law is clearly on their side. Happily, this issue has been decided and disposed of by the the High Court sitting as a "Constitutional Court". In the case of the Nation Media Group vs the AG (2007), the court invalidated regulations issued by the minister which required prior government approval of films, documentaries, features etc. The court had no difficulty finding that that these kind of regulations were not justified in a democratic society.
Peace, Love and Unity, 2008.
I sometimes hate being a lawyer because, i am always inclined to view issues in an overly legalistic manner, devoid of the social and political milieu. I think this is the option the ECK took when it decided to certify the presidential results and as Hon. Orengo states, present a fait accompli. By following the black letter law the ECK simply abandoned its larger responsibility of ensuring that the result was free and fair. In future Kenyans will be asking whether they need to vote, if the ECK cannot guarantee a fair result. I just think the ECK should have scrutinised the tallies and we would all be the better off. In any case, I doubt a Court scrutinising the ECK decision would be prepared to say that the ECK decision was wrong where it led to the correct result being certified. After all the court duty in election petitions is to ensure that the result reflects the will of the people.
I would also like to comment on the so called Live Broadcast Ban instituted by GK. This I can clearly state has no basis whatsoever in law. No law was cited to support the ban nor legal notice issued and published in the Kenya gazette to that effect. In fact, I am surprised that the Media Owners continue to respect it and giving it credence by urging the government to lift the ban. i just think that the Media Owners are finding political cover for their own self censorship and if they were serious about their responsibilities they would continue live broadcasts as the law is clearly on their side. Happily, this issue has been decided and disposed of by the the High Court sitting as a "Constitutional Court". In the case of the Nation Media Group vs the AG (2007), the court invalidated regulations issued by the minister which required prior government approval of films, documentaries, features etc. The court had no difficulty finding that that these kind of regulations were not justified in a democratic society.
Peace, Love and Unity, 2008.
posted by jurist at 12:28 PM
2 Comments:
Thank you for writing so candidly about what is going on in Kenya. Would you be interested in writing an opinion on what is going on, that we would make sure reaches a wider audience?
contact me at nekessa@kenyaimagine.com
In my opinion, the media ban was a measure that was necessary in a democratic society, as it was indeed meant to prevent live broadcasts being used to organize riots and other atrocities. The ban, in these circumstances, was a very proportionate to the need to secure security and the existence of the state as we know it. The recent ban differs significantly from the measures that were rejected in the Nation v AG Case because of the legitimate objective that it was meant to achieve. Desperate times call for desperate measures. If such a ban had been effected in Rwanda, we would not have had the genocide that was fueled by live radio broadcasts.
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