In a meeting on Friday with Chief Justice Willy Mutunga, the MCK complained that some of the penalties have discouraged journalists from uncovering truth because they are retributive.

“It is important to have a discussion on this because it has a bearing on the fear of journalists reporting on sensitive issues,” said MCK Chairman Levi Obonyo.

The Council was paying Dr Mutunga a courtesy call, but had a list of two other things they wanted the judiciary to set right; invasion of privacy and the general rule of law and how judges apply it in judgements.

According to Prof Obonyo, there was a need for the judiciary to agree with the MCK on what constitutes privacy of public figures and whether reporters can be punished for publishing stories of public interest concerning public figures.

Prof Obonyo also asked Dr Mutunga to help differentiate between privacy accorded to public figures and those of ordinary citizens, arguing that sometimes issues of public interest override the privacy of high-ranking officials.

“We understand there are laws on privacy, but to what extent is the privacy of a public figure different from that of a private citizen. I think we need this define broadly.”

Courts have recently been accused of awarding exorbitant monetary punishments against journalists or media outlets found to have published defamatory stories against public figures.

The highest of such awards was by Judge Alnasir Visram when he awarded former cabinet minister Nicholas Biwott damages of Sh30 million against Clay Ltd and Dr Ian West for defamation in the book Dr Ian West’s Casebook.

Since that time, awards have often ranged up to Sh18 million against media houses found guilty of libel.

But coming on the backdrop of the Constitution which guarantees freedom of expression and the public right to know, the Council said there was a need for some of the archaic laws on information sourcing and publishing to be struck from records.

For instance, the Official Secrets Act, they stated, was barrier to journalists striving to inform the public. The law says that certain aspects of the government may not be reported until after 30 years.

Dr Mutunga said it would be important for the Media Council to take most of the issues related to conflicts with media outlets as a way of saving the expenses.

“The Council occupies a critical place in the justice system as mediator and arbitrator. We are happy to work in partnership to encourage the Council to continue to perform its role boldly, while upholding the principles of justice and fairness because the justice obtained through the courts is oftentimes adversarial and costly," said Justice Mutunga.

“The pursuit of truth is always continuous. So when facts that contradict known truths surface, acknowledging error and making corrections should not be a source of embarrassment or shame. It is a mark of professional distinction, and the constitution demands as much (Article 35).”

February 17, 2012 by Aggery Mutambo

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Source: www.nation.co.ke/News/Media+appeals+for+leniency+in+libel+suits/-/1056/1329480/-/xs0ku6/-/index.html (Accessed: 17.02.2012)