The SPECIAL REPORT NEW LAW GUARANTEES RIGHT TO INFORMATION, Enhancing governance for all REPRESENTATION Link — Pages 16 - 17 NOVEMBER 2012 Issue No. 097 Kshs 40/= Rules to gag airing of hate speech set By HENRY OWINO The move is aimed at ensuring HE government has unveiled new guide- peaceful general elections lines to prevent elec- that the government has put mecha- continuous basis for incidences of hate T nisms in place to deter a repeat of speech. Dr Ndemo stated the commit- tronic transmission of un- desirable and inflammatory 2007/08 electoral violence fuelled by tee is made up of; representatives from the electronic media. the Ministry of Information and Com- contents to the public. The Permanent Secretary (PS) out- munication, CCK, the Kenya Police, The move also seeks to insulate lined that the Ministry has constituted Media Council of Kenya, Independent the country from political chaos wit- a National Media Monitoring Steering Electoral and Boundaries Commis- nessed during the 2007 General Elec- Committee to monitor the media on a sion (IEBC), National Cohesion and tions. Under the new guidelines, the Ministry of Information and Com- munication will regulate the transmis- sion of bulk political contents over all electronic communication networks Dr. Bitange Ndemo, PS, Ministry of Information and Communication. as the country draws closer to the next general elections. According to the new guidelines, 8 Turn to Page 2, Col. 1 mainstream media would be expected Top aspirants accused to shun individuals and politicians bent on jeopardizing the security and stability of the country through in- of misuse of CDF kitty flammatory statements. Electronic By FAITH MUIRURI CDF kitty ranks poorly among the media reaches big population within eight presidential contenders sur- a short time and can influence both AN AUDIT of the Constituency veyed in accountability of CDF positively and negatively depending Development Fund (CDF) in areas funds. on the information disseminated. represented by leading presidential According to the report, According to Dr Bitange Ndemo, contenders in the country paints a Ksh6,663,000 went to waste on the Permanent Secretary, Ministry of grim picture towards the manage- badly implemented projects in his Information and Communication, the ment of devolved funding. Lang’ata constituency in Nairobi guidelines by the Communication The audit by the National County. An additional Ksh8,309,517 Commission of Kenya (CCK) seek to Taxpayers Association (NTA) re- set aside for the construction of an prevent transmission of undesirable veals that about Ksh39,781,875 ultra modern CDF office three years and inflammatory political massages has been lost in massive wastage, ago cannot be accounted for. to protect ICT consumers. He stated CCK headquarters. Photo/Henry Owino unaccountability and poor work- The report states that the project manship in constituencies repre- on the ground is estimated at Ksh sented by Prime Minister Raila 350,000 and there is nothing to ON THE OTHER PAGES Odinga, Vice President Kalonzo show of the ultra modern facility. Musyoka, Deputy Prime Minister “No bank statements were availed PM vouches for relevant Vision 2030 signs mega Uhuru Kenyatta and Musalia Mu- to indicate that the sums were in the davadi, Cabinet Minister Eugene project account,” reads the report in courses in higher learning wind power deal Wamalwa, Eldoret North MP Wil- part adding that efforts to get more liam Ruto. information from the Lang’ata CDF institutions —Pg. 4 — Pg. 18 Only Gatanga Constituency office were not fruitful. represented by Peter Kenneth has At VP’s Mwingi North Constitu- received a clean bill of health in the ency, Ksh 1,050,000 earmarked for audit which highlights continued the construction of a workshop at Varsity rankings promote Ogiek community lodge wastage of public funds with some Mutwang’ombe Polytechnic cannot being misappropriated while some be accounted for. academic excellence claim to ancestral land projects are non-existent. According to the report, an old Accountability —Pg. 8 — Pg. 30 Prime Minister Raila Odinga’s 8 Turn to Page 2 Col. 1 The Link, November 2012 2 GOVERNANCE Rules to gag airing of hate speech set From page 1 down those using mobile phones to inciting, threatening or discriminatory and potentially damaging to the fragile Police as a matter of urgency. They said Integration Commission (NCIC) and perpetrate crime including transmission language that is intended to expose indi- inter-ethnic relations,’’ said Archbishop that they were appalled by the continued the Kenya Film Classification Board. of irresponsible and divisive messages. viduals or groups of individuals to vio- Eliud Wabukala. “This is irresponsible delay on police reforms. This, they said, The Steering Committee he ex- The PS said very soon the Ministry will lence, hatred, hostility, discrimination or and careless as the leaders are widely could undermine security during the plained is supported by a Media Moni- publish requisite regulations to facilitate ridicule on the basis of gender, ethnicity, quoted in the mass media. This is un- elections come March next year. toring sub-committee which issues the switch of all unregistered SIM cards. race and colour. acceptable and we condemn it,” added “It is the responsibility of the securi- weekly media updates and briefing “I wish to encourage those who have To protect consumers of mobile tel- the ACK Archbishop Eliud Wabukala ty forces to gather and act on intelligence on issues of concern in respect to hate not yet registered their SIM cards to do ecommunication service from SPAM, during a news conference at a hotel in reports in such areas to prevent future speech. In addition the Ps stressed that so before the said regulations are pub- he clarified that the guidelines outlaw Nakuru. “As a church, we have reflected conflicts. “Memories of the destructive the ministry is determined to ensure that lished,” he cautioned. All the initiatives the transmission of political messages to on what is happening in our country and violence experienced in 2007/08 are yet the citizens exercise their rights, have are geared towards ensuring that the ICT customers who have not subscribed for we feel there is a need to raise our voice to fade as Kenyans continue to live in credible elections for the honour and sector continues supporting the national the service. ”Content Service Providers to speak and warn the nation and our po- IDP camps,” the bishops asserted. pride as a peace loving, democratic na- economic policy objectives rather than will be required to provide evidence of litical leaders,” concerned Archbishop They regretted that as Kenyans pre- tion. “My Ministry will keep these two a platform for perpetration of criminal such consent immediately upon request Wabukala stated. pare for the elections, some parts of the committees active until the conclusion activities. by mobile network operators or any Archbishop Wabukala regretted that country have continued to experience of the next General Elections, and if According to Francis Wangusi, the other concerned governmental body or the church was blamed for not giving a wave of violence like; in Tana River, necessary, for a longer period,” prom- CCK Director General, the guidelines regulator,” said Wangusi. direction to the nation during the post Mombasa, Wajir and Mandera Coun- ised Dr Ndemo during the launch of require Mobile Network Operators to The CCK Director General, urged elections violence (PEV) of 2007/08 ties. Spiritual leaders alleged that it must Guidelines for the Prevention of Trans- exercise greater oversight over politi- relevant licensees to abide by the guide- but this time round they are out to pro- have been attributed to political incite- mission of Undesirable political mes- cal messages transmitted through their lines strictly to ensure that the country vide that guideline for peace. He said ment. The clerics said that they had sages, via electronic communications infrastructure. He explained that content remains peaceful in the run up to the the PEV that occurred was enough les- signed the ‘I am Kenyan’ pledge com- networks, at a hotel in Nairobi. service providers sending political mes- elections. He however declared that son learnt and church would not keep mitting them to ensuring peaceful cam- Mobile phones have become an sages will now be required to request CCK will work closely with relevant quiet or leave any element that is likely paigns and the March elections conduct- important platform for transmission the mobile network operator at least 48 government agencies to ensure those to stir up skirmishes again. The clerics ed in a free, fair and transparent manner. of bulk political messages. Dr. Ndemo hours before sending the message. Wan- who contravene the guidelines, are who included spiritual leaders from the “We can’t afford to let Kenya burn again said the total mobile subscription in the gusi said the application shall include: a brought to book. In a related move, the House of Bishops, the ACK’s top deci- under our watch. We are keen and moni- country today stands at about 30 mil- minimum verbatim content of the po- Church has warned politicians to refrain sion making organ, made the remarks at toring all processes from campaigns to lion. In addition, of the 14.03 million litical message; a signed authorization from inciting Kenyans against each Imani Guest House, Nakuru. voter registration exercises, civic educa- Internet users in Kenya, over 90 per cent from the political party or individual other. Taking the lead, the Anglican They stated that politicians have de- tion, voting and eventual counting and of them use the mobile phone as the sponsoring the political message; and Church of Kenya (ACK) has strongly veloped a habit of inciting Kenyans and tallying of the ballot papers before the preferred Internet access medium. “To certified copies of registration documen- condemned politicians who issue state- then issuing apologies.