Article 33 (1) (a) of the Constitution of Kenya (2010) provides for the freedom of expression. however, Article 33 (2) prescribes the limit to freedom of expression. it states that 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(4).
Section 132 of the penal code states: “Undermining authority of public officer Any person who, without lawful excuse, the burden of proof where of shall lie upon him, utters, prints, publishes any words, or does any act or thing, calculated to bring into contempt, or to excite defiance of or disobedience to, the lawful authority of a public officer or any class of public officers is guilty of an offence and is liable to imprisonment for a term not exceeding three years.”
The other infamous charge is ‘misuse of licensed telecommunications equipment’ under the Kenya Information and Communications Act. Under its section 29, “a person who by means of a licensed telecommunication system sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character or sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person commits an offence. The offence is punishable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both.”
A cardinal rule of criminal responsibility under the Penal Code is stated under section 7 which provides that ignorance of the law is neither defense nor that is allow someone to break the law. Let everyone use social media responsibly.
The other infamous charge is ‘misuse of licensed telecommunications equipment’ under the Kenya Information and Communications Act. Under its section 29, “a person who by means of a licensed telecommunication system sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character or sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person commits an offence. The offence is punishable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both.”A cardinal rule of criminal responsibility under the Penal Code is stated under section 7 which provides that ignorance of the law is neither defense nor that is allow someone to break the law. Let everyone use social media responsibly.
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