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@lists.kictanet.or.ke> wrote:
On 26/01/2016, Waithaka Ngigi <ngigi@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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