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Governors' move to blacklist NMG is illegal and unconstitutional - EACC

Council of Governors Chairman Wycliffe Oparanya. 

Photo credit: Salaton Njau | Nation Media Group

By  Brian Wasuna  &  Patrick Lang'at

What you need to know:

  • The action by the governors sparked outrage, with Media Council of Kenya (MCK), the Media Owners Association (MOA) and the Kenya Editors Guild (KEG) condemning it as a serious threat against the independence of the media.

The anti-corruption watchdog has issued a stern warning to governors after they threatened to withhold advertising from the Nation Media Group following its sustained exposure of graft in the county governments.

The Ethics and Anti-Corruption Commission (EACC) has termed the move, which was communicated in a statement signed by Council of Governors chairman Wycliffe Oparanya, as illegal and unconstitutional.

EACC warned that any accounting officer who implements the instructions will be held criminally liable.

Related

"Your letter amounts to unlawful instructions and the contemplated action by county governments could render all culpable persons liable to the applicable legal consequences, including criminal prosecution,” EACC chief executive Twalib Mbarak said in the letter addressed to Mr Oparanya.

The letter signals that the State agency could prosecute governors that lock out Nation and other media firms from advertising opportunities.

The EACC boss said the planned action by governors violates Article 227 of the Constitution, which calls for a fair, transparent, competitive and cost-effective procurement method. It also violates Article 10, which requires public officers to consider equity, inclusiveness, equality and non-discrimination.

The governor’s resolution also violates procurement laws and Section 21 of the Competition Act, which prohibits restrictive trade practices, Mr Mbarak added.

"To this end, the commission advises the Council of Governors that the resolution is unlawful and further warns that any accounting officer or any other public officer who may go ahead to implement such unlawful instructions will be lawfully held personally liable,” Mr Mbarak said in the letter.

The agency has advised governors to take disputes either to the Media Council of Kenya complaints tribunal or go to court.

Mr Oparanya, the Kakamega County governor, claimed the Nation’s stories highlighting corruption in the devolved units are part of a smear campaign, a move that attracted criticism from several quarters.

His comments came after a story by the Daily Nation on the impending arrests of Kirinyaga Governor Anne Waiguru, Mohamud Ali (Marsabit), Amason Kingi (Kilifi), Alex Tolgos (Elgeyo-Marakwet), Ali Korane (Garissa), Wycliffe Wangamati (Bungoma), Charity Ngilu (Kitui) and Mwangi wa Iria (Murang’a) — on accusations of abuse of office and corruption.

He warned that any other media house that carries stories portraying governors in negative light will also be blacklisted, a move widely been seen as an attempt to stifle press freedom.

Media Council of Kenya CEO David Omwoyo responded to the CoG statement, saying that public funds should not be used as a tool to control or manipulate individuals and institutions. 

In the headlines