[kictanet] BAKE condemns the arrest and intimidation of Kenyans online

[Mwendwa Kivuva]

On Jan 25, 2016 3:11 PM, "Waithaka Ngigi via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:
>
> Hi,
>
> Would like to ask, but don't those laws have a role to play in limiting
propagation of offensive media?
>
> If anyone is arrested for sharing on social media, grossly photos of our
dead soldiers; soldiers who are our brothers, sisters, husbands, wives,
sons & daughters‎, then the fine and prison terms should be tripled from
what they are as per the current law.

Hi Ngigi,

There is no such law.

When when CORD, Article 19, and KNHRC challenged the constitutionality of
the Security Laws Ammendment act 2014, the court ruled that it's
unconstitutional to prosecute anybody for sharing photos, or any
information that may jeopardise the security organ's operations. The media
was urged to be responsible and self regulate, but it's not criminal to
share such information. This one is done and dusted. There is no way a
competent court in Kenya will prosecute anybody for sharing such
information. Yesterday the police could not find grounds to prosecute Yasin
Juma.

The only provisions that stood in 2014 where those on surveillance;
monitoring and interception of communication.

The prohibition on the publication or broadcast of images of dead or
injured people, which are “likely to cause fear and alarm in the general
public, or disturb the peace”, was disproportionate. The Court found that
there was no rational connection between the limitation on publication and
the fight against terrorism.The Court further agreed that the
criminalisation of the publication or broadcast of information ‘which
undermines investigations or security operations” by the national police
and defense forces would have a chilling effect on freedom of expression.
The Court held that the effect of the prohibition would amount to “a
blanket ban on publication of any security-related information without
consulting the National Police Service”.

And Nkaiseri and his ilk should be prosecuted for mistreating and harassing
Kenyans. We should not live in fear, nor play into the hands and strategies
of the enemy, Alshabab.
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