President Kibaki has assented to the removal of the infamous Section 88 of the Kenya Information and Communications Act.The section was unpopular with advocates of a free Press because it gave the Internal Security Minister the mandate to storm media houses, confiscate print and broadcast equipment on suspicion they were about to publish material that would threaten national security.
The amendment, through Kenya Information and Communications (Amendment) Act 2009 is part of Statute Law (Miscellaneous Amendment) Act 2009, which Kibaki assented to on Thursday.
Also established through the amendment is the Broadcasting Content Advisory Council to be responsible for and make decisions on administration of broadcast content, handle complaints and ensure compliance to industry ethics.
The President, through an amendment to the Media Act 2007, has also sanctioned Treasury to fund the Media Council.
At the same time, Section 43 has been introduced in the Constitution of Kenya Review Act 2008, which explains how a new constitution shall be put in place after the referendum.
“The President shall by notice in the Gazette promulgate the new constitution not later than 14 days after the publication of the final result of the referendum,” reads the new law.
The Presidents assent effectively establishes an Interim Independent Constitutional Dispute Resolution Court. It also provides for legal takeover by the Interim Independent Electoral Commission of the now defunct Electoral Commission.
The Tobacco Control Act has also been tightened. A manager or owner of a prohibited smoking area who fails to display the smoking prohibition is liable on conviction to a fine not exceeding Sh150,000 or six months imprisonment or both.
Salary increase
The new law also raises salaries of constitutional office holders. They include those of Attorney-General, Chief Justice, Auditor-General, judges, Electoral and Public Service Commissioners
The AGs new salary will rise to nearly Sh1 million a month (exclusive of allowances), up from Sh531,650. And when allowances are added, the AG and CJ will take home up to Sh1.7 million a month if they have served for at least 10 years.
MPs led by Gichugus Martha Karua opposed the pay raise when Wako tabled the Bill in Parliament last month, arguing that not only was the timing wrong but also the salaries of low cadre officers were yet to be reviewed.
The Statute Law also amends the Appellate Jurisdiction Act and the Civil Procedure Act to facilitate “the just, expeditious, proportionate and affordable resolution of the civil disputes.
The Advocates Act (Cap. 16) too has been amended to empower the Chief Justice to publish in the Gazette the names of advocates who have been commended the rank of “Senior Counsel”.
At the same time The Film and Stage Plays Act has been amended to establish the Kenya Film Classification Board that shall replace the Board of Censors.
And the Truth, Justice and Reconciliation Act was also Amended to have the number of commissioners to the commission increased from seven to nine.
The Standard
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