The objective is obviously to gag free expression... instilling fear

Evans Kidero Daily Nation

The bill also requires publications to be submitted to the authorities before they are sold, with penalties for vendors or distributors who fail to comply.

But the Kenya Government says the bill aims to restrain irresponsible "gutter press" and is not meant to muzzle criticism.

The bill has also been criticised by the New York-based Human Rights Watch, warning that "the measure could muzzle the press in a critical election year."

Jail

Kenyans go to the polls later this year to elect their third president since independence from Britain in 1963.

President Daniel arap Moi is barred by the constitution from standing, after completing his two five-year terms in office.

Media owners accuse President Moi of trying to muzzle criticism

Under the new law, newspaper and magazine publishers must now pay a one-off bond to the Registrar of Societies of one million shillings ($12,760), compared to the old fee of 10,000 shillings.

They risk a fine of up to one million shillings or jail for up to three years or both.

The law also introduces a 20,000 shillings fine or six month prison term for vendors and distributors who do not establish whether publishers of every publication they sell have paid the bond.

"The objective of the amendments is obviously to gag free expression and limit the distribution of publications and instilling fear," Evans Kidero, managing director of Kenya's leading daily, The Daily Nation, told reporters in Nairobi.

Lurid tales

Correspondents say Kenyan media owners fear that the provision will expose newspaper sellers to police harassment and that the bill will discourage investment in Kenya's media sector.

"The whole bill is against the spirit of the constitution which guarantees freedom of expression," said Ezekiel Mutua, secretary general of Kenya Union of Journalists (KUJ).

You cannot take them to court because they don't have a forwarding address

George Opiyo, Director of Information

"I think the government wants it that way so it can manage the population... at a time when the country is going through major political changes."

But the Kenya Government has defended the bill, saying it was not meant to harm the big media.

"This was not done with the intention of muzzling the press," Information Minister Kalonzo Musyoka said.

"The simple matter we're trying to deal with is the gutter press."

It says it wants to curb publications specialising in lurid tales of the sex lives of prominent Kenyans.

"You have papers publishing about people's bedroom manners, calling everybody names, destroying reputations and you cannot take them to court because they don't have a forwarding address," the government's Director of Information George Opiyo said.

"We want to bring them to operate within the law."