[kictanet] Gov't threatens to shut media houses announcing election results - Citizentv.co.ke

Mon Jul 31 10:56:01 EAT 2017

What does the Constitution of Kenya say about exercising control on factual
information?

Article 34: FREEDOM OF MEDIA

(1) *Freedom and independence of electronic, print and all other types of
media is guaranteed*, but does not extend to any expression specified in
Article 33 (2).
(2) The State shall *not*--

(a)* exercise control over or interfere with any person engaged in
broadcasting, the production or circulation of any publication or the
dissemination of information by any medium*; or

Article 33: FREEDOM OF EXPRESSION

(1) Every person has the right to freedom of expression, which includes--

(a) freedom to seek, receive or impart information or ideas;
(b) freedom of artistic creativity; and
(c) academic freedom and freedom of scientific research.

(2) The right to freedom of expression does not extend to--

(a) propaganda for war;
(b) incitement to violence;
(c) hate speech; or
(d) advocacy of hatred that—

(i) constitutes ethnic incitement, vilification of others or incitement to
cause harm; or
(ii) is based on any ground of discrimination specified or contemplated in
Article 27 (4).

(3) In the exercise of the right to freedom of expression, every person
shall respect the rights and reputation of others.

KENYAN SCENARIO:

Now with the constitution guiding us, let us go ahead and replicate a
scenario at the polling station.

1. The Presiding Officer of polling station W announces the tally recorded
in Form34A at the polling station. (The state does not arrest the Presiding
Officer)
2. News Agency X picks the announcement, and says "The presiding officer of
Polling station Y has announced that candidate A got Y votes, and candidate
B got Z votes. (The government goes to close the media house for
broadcasting what Presiding Officer of polling station W stated.)

______________________
Mwendwa Kivuva, Nairobi, Kenya
twitter.com/lordmwesh

On 29 July 2017 at 20:32, kanini mutemi via kictanet <
kictanet at lists.kictanet.or.ke
<javascript:_e(%7B%7D,'cvml','kictanet at lists.kictanet.or.ke');>> wrote:

> @Ali like you I am also curious on this insistence on 'Tally but do not
> announce'.
>
> On Sat, Jul 29, 2017 at 8:09 PM, Davis Onsakia via kictanet <
> kictanet at lists.kictanet.or.ke
> <javascript:_e(%7B%7D,'cvml','kictanet at lists.kictanet.or.ke');>> wrote:
>
>> The IEBC have indicated that the results will be on their portal as
>> announced at the constituency tallying centre.
>>
>> What's wrong with a media house picking that and just doing some simple
>> arithmetic? And of course attributing the source of the figures to IEBC,
>> unless there's something sinister somebody is trying on Kenyans.
>>
>> My only hope is that the CS was either misquoted or his words taken out
>> of context, as indicated by Ali.
>>
>> Regards,
>> Davis Onsakia
>>
>>
>> On Sat, 29 Jul 2017 at 8:00 PM Ali Hussein via kictanet <
>> kictanet at lists.kictanet.or.ke
>> <javascript:_e(%7B%7D,'cvml','kictanet at lists.kictanet.or.ke');>> wrote:
>>
>>> Dorcas
>>>
>>> That was the beginning of what we now call 'Fake News' depending on
>>> which part of the political divide one was standing it.
>>>
>>> The point remains. You CANNOT threaten news media for carrying genuine
>>> news and results. Those who do must of course be prepared for the full
>>> force of the law.
>>>
>>>
>>> *Ali Hussein*
>>> *Principal*
>>> *Hussein & Associates*
>>> +254 0713 601113
>>>
>>> Twitter: @AliHKassim
>>>
>>> Skype: abu-jomo
>>>
>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>>
>>> "We are what we repeatedly do. Excellence, therefore, is not an act but
>>> a habit."  ~ Aristotle
>>>
>>>
>>> Sent from my iPad
>>>
>>> On 29 Jul 2017, at 7:32 PM, Dorcas Muthoni via kictanet <
>>> kictanet at lists.kictanet.or.ke
>>> <javascript:_e(%7B%7D,'cvml','kictanet at lists.kictanet.or.ke');>> wrote:
>>>
>>> Ali,
>>>
>>> I think you know in 2008 a certain media attempt to be first caused lots
>>> of problems.  I can assure I would like the CS to act very tough this time.
>>>
>>> The onus is on the media houses and bloggers to abind responsibly.
>>>
>>>
>>>
>>> On Jul 29, 2017 7:22 PM, "Ali Hussein" <ali at hussein.me.ke
>>> <javascript:_e(%7B%7D,'cvml','ali at hussein.me.ke');>> wrote:
>>>
>>>> Dorcas
>>>>
>>>> You are being disingenuous. No media house in this country has ever
>>>> purported to carry official results. However media houses can and should
>>>> announce the results from different polling stations and constituencies.
>>>> Often times the lack of information is what causes unnecessary pressure and
>>>> concern. By the way it instructive to note that IEBC will put results on
>>>> its portal and I understand that they actually provide APIs?
>>>>
>>>> I think what you mean to say is that the media should act responsibly?
>>>> Any Kenyan with a social media account, access to media can tally make
>>>> their own tallies.
>>>>
>>>> I'm curious why this major concern about media houses announcing
>>>> results? What are we missing here?  There is just too much pressure and
>>>> focus to curb flow of information. This is a democracy. Let us remember
>>>> that. And our constitution is clear and explicit on access to information.
>>>> Let us leave KANU tactics where they belong. In the past.
>>>>
>>>> Unless of course the CS was misquoted or taken out of context?
>>>> #JustAsking..
>>>>
>>>> *Ali Hussein*
>>>> *Principal*
>>>> *Hussein & Associates*
>>>> +254 0713 601113 <0713%20601113>
>>>>
>>>> Twitter: @AliHKassim
>>>>
>>>> Skype: abu-jomo
>>>>
>>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>>>
>>>> "We are what we repeatedly do. Excellence, therefore, is not an act but
>>>> a habit."  ~ Aristotle
>>>>
>>>>
>>>> Sent from my iPad
>>>>
>>>> On 29 Jul 2017, at 5:49 PM, Dorcas Muthoni via kictanet <
>>>> kictanet at lists.kictanet.or.ke
>>>> <javascript:_e(%7B%7D,'cvml','kictanet at lists.kictanet.or.ke');>> wrote:
>>>>
>>>> The media must act very responsibly. On this one, I will support the
>>>> CS. Everyone may tally but a media house cannot purport to have the
>>>> official record.  Only IEBC has the mandate.
>>>>
>>>> On Jul 29, 2017 4:13 PM, "Barrack Otieno via kictanet" <
>>>> kictanet at lists.kictanet.or.ke
>>>> <javascript:_e(%7B%7D,'cvml','kictanet at lists.kictanet.or.ke');>> wrote:
>>>>
>>>>> This doesn't sound right. Two steps forwad one back.
>>>>>
>>>>> Regards
>>>>>
>>>>> On Sat, Jul 29, 2017 at 3:55 PM, Timothy- Coach- Oriedo via kictanet <
>>>>> kictanet at lists.kictanet.or.ke
>>>>> <javascript:_e(%7B%7D,'cvml','kictanet at lists.kictanet.or.ke');>>
>>>>> wrote:
>>>>>
>>>>>> https://citizentv.co.ke/news/govt-threatens-to-shut-media-ho
>>>>>> uses-announcing-election-results-171742/?utm_source=onesigna
>>>>>> l&utm_medium=notifications&utm_campaign=onesignal_notifications
>>>>>>
>>>>>> _______________________________________________
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>>>>>> ailman/options/kictanet/otieno.barrack%40gmail.com
>>>>>>
>>>>>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder
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>>>>>>
>>>>>>
>>>>>
>>>>>
>>>>> --
>>>>> Barrack O. Otieno
>>>>> +254721325277 <0721%20325277>
>>>>> +254733206359 <0733%20206359>
>>>>> Skype: barrack.otieno
>>>>> PGP ID: 0x2611D86A
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> _______________________________________________
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>>>>>
>>>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/m
>>>>> ailman/options/kictanet/dmuthoni%40gmail.com
>>>>>
>>>>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder
>>>>> platform for people and institutions interested and involved in ICT policy
>>>>> and regulation. The network aims to act as a catalyst for reform in the ICT
>>>>> sector in support of the national aim of ICT enabled growth and development.
>>>>>
>>>>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>>>>> online that you follow in real life: respect people's times and bandwidth,
>>>>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>>>>> not spam, do not market your wares or qualifications.
>>>>>
>>>>> _______________________________________________
>>>> kictanet mailing list
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>>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/m
>>>> ailman/options/kictanet/info%40campusciti.com
>>>>
>>>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>>>> for people and institutions interested and involved in ICT policy and
>>>> regulation. The network aims to act as a catalyst for reform in the ICT
>>>> sector in support of the national aim of ICT enabled growth and development.
>>>>
>>>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>>>> online that you follow in real life: respect people's times and bandwidth,
>>>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>>>> not spam, do not market your wares or qualifications.
>>>>
>>>> _______________________________________________
>>> kictanet mailing list
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>>>
>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/m
>>> ailman/options/kictanet/info%40campusciti.com
>>>
>>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>>> for people and institutions interested and involved in ICT policy and
>>> regulation. The network aims to act as a catalyst for reform in the ICT
>>> sector in support of the national aim of ICT enabled growth and development.
>>>
>>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>>> online that you follow in real life: respect people's times and bandwidth,
>>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>>> not spam, do not market your wares or qualifications.
>>>
>>> _______________________________________________
>>> kictanet mailing list
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>>>
>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/m
>>> ailman/options/kictanet/mautidavis%40gmail.com
>>>
>>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>>> for people and institutions interested and involved in ICT policy and
>>> regulation. The network aims to act as a catalyst for reform in the ICT
>>> sector in support of the national aim of ICT enabled growth and development.
>>>
>>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>>> online that you follow in real life: respect people's times and bandwidth,
>>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>>> not spam, do not market your wares or qualifications.
>>>
>> --
>> Best Regards,
>> Davis M Onsakia
>> "One doesn't discover new lands without consenting to lose sight of the
>> shore for a very long time."
>>
>> _______________________________________________
>> kictanet mailing list
>> kictanet at lists.kictanet.or.ke
>> <javascript:_e(%7B%7D,'cvml','kictanet at lists.kictanet.or.ke');>
>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>> Twitter: http://twitter.com/kictanet
>> Facebook: https://www.facebook.com/KICTANet/
>>
>> Unsubscribe or change your options at https://lists.kictanet.or.ke/m
>> ailman/options/kictanet/kaninimutemi%40gmail.com
>>
>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>> for people and institutions interested and involved in ICT policy and
>> regulation. The network aims to act as a catalyst for reform in the ICT
>> sector in support of the national aim of ICT enabled growth and development.
>>
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and bandwidth,
>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>> not spam, do not market your wares or qualifications.
>>
>>
>
>
> --
> *Mercy Mutemi, Advocate*.
>
>
>
>
> _______________________________________________
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> kictanet at lists.kictanet.or.ke
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> Twitter: http://twitter.com/kictanet
> Facebook: https://www.facebook.com/KICTANet/
>
> Unsubscribe or change your options at https://lists.kictanet.or.ke/m
> ailman/options/kictanet/kivuva%40transworldafrica.com
>
> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
>
>

-- 
______________________
Mwendwa Kivuva, Nairobi, Kenya
twitter.com/lordmwesh
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