[kictanet] Are we throwing the baby with the bath water?

[George Nyabuga]

Thanks Ali for posting this. I have always wondered whether there is a crime called 'posting annoying statements'? Any statute or case law that we can rely on? I think the DPP should give direction on this as this wastes a lot of court time and ultimately our money (paying for investigations, prosecution etc.). But could be wrong but not aware of any statute or case law (common law) that makes it a crime to make annoying statements? I also saw the guy involved with Tuju being charged with making statements to 'annoy' him. I am about to sue so many people for making statements that 'annoy' me  including he director of Public Communications, Ms Mary Ombara and Head of Civil Service Francis Kimemia (the latter has also 'annoyed' VP Kalonzo Musyoka and PM Raila Odinga). Take my last statement with a pinch of salt but you can see how the charges are annoying to those of us who cherish free speech.

 

On a lighter note, the statement that 'I disapprove of what you say, but I will defend to the death your right to say it' is often wrongly attributed to Voltaire but was in fact first made by S.G. Tallentyre (real name Evelyn Beatrice Hall) who wrote Voltaire’s biography.


Dr George Nyabuga                                                 Tel:   +230 403 51 00
Head, Communications and PR, AFRINIC           Fax:  +230 466 67 58
george at afrinic.net - www.afrinic.net
 
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On Mar 28, 2013, at 9:27 AM, Ali Hussein <ali at hussein.me.ke> wrote:

> Listers
> 
> Voltaire, the Famour French Historian and Philosopher once said 
> 
> "I do not agree with what you have to say, but I'll defend to the death your right to say it."
> 
> I am writing this post due to the interesting times that we live in.  There is a lot of emotions, bigotry, outright tribalism and jingoism being bandied around the country in many channels - Online responses to media stories, FM Station talk shows, social media, work places, bars etc. Whilst I abore the very nature of some of the discussions we have fought too hard for freedom of expression and association to blanketly condemn everything whole sale. 
> 
> I have just read a story in today's nation titled '14 Bloggers linked to hate messages'. 
> 
> http://www.nation.co.ke/News/14-bloggers-linked-to-hate-messages/-/1056/1732288/-/cut5kvz/-/index.html
> 
> The gist of the story is that the bloggers are using the anonymity of the internet to spread hate, tribalism etc.and they are being 'hunted down' like rabid dogs.  What  I found interesting is this particular paragraph:-
> 
> Mr Robert Alai, a well-known blogger was on Tuesday charged with posting “annoying” statements on social media sites, Twitter and Facebook.
> 
> For those of us who follow Robert on Social Media you may be forgiven if you think he is the 'Village Mad Man'. However he is a Kenyan and has a right to free speech. I do not excuse some of the stuff being posted online but I sincerely do hope that when one is being charged at our law courts the charge sheet does not say that he or she is charged in court for posting 'Annoying Statements'!!
> 
> A few months ago Eric Hershman (whiteafrican.com) posted a blog defending Robert's right to his unique brand of 'journalism' and I am one of those who commented on the blog saying that one needs to take responsibility for his actions. 
> 
> http://whiteafrican.com/2012/08/22/kenyas-slippery-censorship-slope/
> 
> Now I see where Eric was going... Oh the power of Retrospection.
> 
> I urge the Powers That Be to delicately balance and be circumspect on how they use the tools of state lest we run rough shod on the very freedoms that allow us to freely comment, post online our opinions. As Voltaire said - I may not agree with what you say but I will defend to the death your right to say it.
> 
> Let us all take a step back and ensure that we do not fall victim to the tyranny of the few who have decided to interpret for us what is good or bad for our beloved nation.
> 
> Ali Hussein
> CEO, 3mice interactive media ltd
> Partner, Telemedia Africa Ltd
>  
> Tel: +254713601113
> Twitter: @AliHKassim
> Skype: abu-jomo
> LinkedIn: http://ke.linkedin.com/in/alihkassim
> Blog: www.alyhussein.com
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