Nairobi — Media Owners have petitioned President Mwai Kibaki to reject the contentious Media Bill passed by Parliament last week.

Members of the Media Owners Association (MOA) executive board held a one-hour closed-door meeting with Head of Civil Service Mr Francis Muthaura, during which they aired their concerns over the Bill, deemed a fatal blow to the freedom of information.

MOA chairman Mr Hanningtone Gaya said they were appealing to the President to refer the Bill back to Parliament for the repeal of Section 38 that recommends that journalists disclose their sources.

"We strongly feel that a free and unhindered exercise of journalism as enshrined in the Constitution will be negated by this particular highly offensive clause," Gaya said.

The controversial clause reads: " When a story includes unnamed parties who are not disclosed and the same becomes the subject of a legal tussle as to who is meant, then the editor shall be obligated to disclose the identity of the party of parties referred to."

Wording of clause is ambiguous.

The contentious Bill has sparked debate across the country, with stakeholders terming it an attempt to intimidate the Press. The Law Society of Kenya has threatened to go to court to stop the implementation of the proposed law if President Kibaki assents to it.

In a telephone interview, Gaya noted that the wording of the clause was ambiguous as attested to by the different interpretations, including by lawyers.

"Can you imagine the plight of journalists and many Kenyans who would like to volunteer information for the good of the country?" he posed.

Parliament passed the Media Bill on Thursday with a quorum of only 29 MPs in the House.

Various civil society and human rights groups have strongly protested the insertion of the clause recommending the disclosure of sources, terming it an attempt to intimidate the Media.

The Bill is currently waiting the President's assent to become Law. Gaya said investigative journalism played a vital democratic role in exposing wrongdoing and the protection of identities of sources of news is, therefore, at the core of the practice of journalism.

Bill runs contrary to constitutional provisions

On Monday, LSK said the Bill runs contrary to constitutional provisions guaranteeing freedom of the Press and by extension, freedom of expression.

Through its chairman Mr Okong'o Omogeni, the organisation said on Monday the Bill restricted the freedom of the Press and the fundamental convention of protection of journalistic sources.

"It is the view of the Society that the Bill as passed runs contrary to the freedom of the Press and the fundamental convention of protection of journalistic sources," said the LSK boss.

Meanwhile, two foreign envoys have joined the raging debate on the controversial Media Bill, terming it troubling.

American Ambassador Mr Michael Ranneberger and his German counterpart, Mr Walter Lindner, said the Bill should be scrutinised before being enacted.

'Clause on news sources troubling'

The envoys said the Media Bill had good provisions but singled out the clause that compels editors to reveal the sources in the event of a court case.

"The provision that requires journalists to reveal their sources in court is troubling. I am troubled because it can be abused," Ranneberger said.

Lindner said the amendment raises questions and the Bill risks being watered down by the offending clause.

"The Media Bill has good provisions in many ways like independence of journalists, but the introduction of the clause requires a second thought," he said.

The envoys were addressing the press at a Nairobi hotel after officially launching the affiliation of a local pollster, Infrotrack Research and Consulting, to US-based Harris Interactive.