Reinnhard B. Odongo
By: Reinnhard B. Odongo
In accordance to Chapter 4, article 33(1) of the Kenyan Constitution that states, everyone has the right to freedom of expression which include freedom to receive or impart information or ideas; freedom of artistic creativity and academic freedom and freedom of scientific research. It’s evident that freedom of expression plays an essential role in the generation, progress and the general well being of a community that is, politically, economically and socially active.
Furthermore, through this, the community can identify categorically it’s weaknesses and strengths hence creatively solving it’s associated issues thus nurturing a civilized society that is friendly to all. However, freedom of expression has been downplayed more so by the well-to-do. Significantly, it has led to negative impacts in the development of the society that is, individuals are often at times denied the opportunity to access information and rights to speak their minds freely on important issues affecting the society.
Moreover, As key object in advancing every society, Freedom of expression should be considered such that citizens can address their views and thoughts without fear of conviction as it has been witnessed in our country, Kenya. For instance, when Nation Media Group broadcasted a lay bare that linked CS Moses Kuria to an alleged oil scandal, CS Kuria launched a verbal attack on the media group and even threatened to sack leads of State agencies running advertisement with Nation Media.
Additionally, several threats of shutdown from Government officials have always been issued to the media houses for airing what’s contrary to the needs of a few. For example, on 29th of July 2017, the ICT cabinet Secretary Hon. Joe Mucheru threatened to shut down any media house that disregarded media order to release aligned presidential results while addressing congregants at Ngangarithi AIPCA church in Nyeri county.
Dated back then, under The Late President Moi’s regime, journalists were often tagged as traitors, they were accused of producing rabble-rousing materials, some went into exile after being threatened and many were jailed without trial. What kind of a society we are likely to have when no one is allowed to mutter his or her suggestions and recommendations freely?
Therefore, it’s high time the government to make some changes by amending the penal code, the preservation order and the official secrets Act to bring them into line with Kenyans obligations under international law regarding freedom of expression.
In addition, the government should also enact legislation to regulate the use of personal information that maybe collected by state agencies and to guarantee the rights of individual to request any information that the state may collect about them.
Finally, by carrying out all these, I’m doubtful if any freedom of expression will ever be violated and every individual will live peacefully to testify, disseminate, recommend and suggest what he or she think is worth.
Reinnhard B. Odongo – student at Tom Mboya University
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