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{
    "id": 216061,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/216061/?format=api",
    "text_counter": 412,
    "type": "speech",
    "speaker_name": "Mr. Raila",
    "speaker_title": "",
    "speaker": {
        "id": 195,
        "legal_name": "Raila Amolo Odinga",
        "slug": "raila-odinga"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, I would like to support the position that has been taken by Mr. M. Kilonzo. Section 3 of Chapter I of the Constitution of Kenya says:- \"This Constitution is the Constitution of the Republic of Kenya and shall have the force of law throughout Kenya and, subject to Section 47, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.\" It is incumbent upon this House to ensure that the Bills that we pass, which eventually become law, do not contradict the provisions of this Constitution. Mr. Temporary Deputy Speaker, Sir, I would like to support the position that has been taken; that this Bill contravenes the provisions of Section 79 of the Constitution. Section 79(1) is very explicit and clear that freedom is not restricted. It says:- \"Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication is to the public generally or to any person or class of persons) and freedom from interference with his correspondence.\" That is unfettered freedom. There are restrictions that have been placed here on the journalists. In the Third Schedule of the Bill, on the Code of Conduct for the Practice of Journalism, Part (a) on Accuracy and Fairness states:- \"The fundamental objective of a journalist is to write a fair, accurate and an unbiased story on matters of public interest. All sides of the story shall be reported, wherever possible. Comments should be obtained from anyone who is mentioned in an unfavourable context.\" Mr. Temporary Deputy Speaker, Sir, that violates the provisions of Section 79, where somebody restricts a journalist on what he or she should be reporting. That he or she must report all sides of the story. If he or she does not report all sides of the story, then he or she has offended the provisions of this Code of Conduct. That is a restriction. The entire Code of Conduct completely restricts journalists. In my view, this will interfere very fundamentally with the reporting by journalist in this country. Therefore, I support the view that this Bill contravenes Section 79 of the Constitution and, therefore, it should be withdrawn."
}