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

[Ephraim Percy Kenyanito]

Just to add. As I stated that free speech is not absolute.

Under Article 33 (2) of Kenyas Constitution, "the right to freedom of
expression does not extend to a) Propaganda for war;

    b) Incitement to violence;
    c) Hate speech; or
    d) Advocacy for hatred that ;

(i) constitutes ethnic incitement, vilification of others or incitement to
cause harm or

(ii) based on any ground of discrimination as per Article 27."

The Kenyan constitution complies with the customary 3 part test for free
speech to be limited which is it only limited in circumstances which are:
((i) be provided by law,
(ii) pursue a legitimate aim, and
(iii) be necessary in a democratic society, in order to be permissible
under Customary International Law.

The contention with Section 29 of KICA Act is that it violates the second
principle on "pursuing a legitimate aim" as it's very vague as generally,
the law must be of ‘sufficient precision to enable the citizen to regulate
his conduct.’

--

Best Regards,
Ephraim Percy Kenyanito
Sub-Saharan Africa Policy Analyst
Access Now | accessnow.org

tel: (+254)-786-191-930/ (+254)-751-804-120
@ekenyanito
PGP: E6BA8DC1
Fingerprint: B0FA394AF73DEB7AA1FDC7360CFED26DE6BA8DC1
On 26 Jan 2016 10:38, "Mwendwa Kivuva via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

> On 26/01/2016, Waithaka Ngigi <ngigi at at.co.ke> wrote:
> > Mwendwa,
> >
> > *IF* there's no such law, then there ought to be such a law.
>
> Ngigi, there was actually such a law that was passed in 2014 which the
> court ruled violated the constitution, and it was scrapped.
>
> --
> ______________________
> Mwendwa Kivuva, Nairobi, Kenya
> twitter.com/lordmwesh
>
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