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.’

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

tel: (+254)-786-191-930/ (+254)-751-804-120
@ekenyanito
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