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@lists.kictanet.or.ke <javascript:_e(%7B%7D,'cvml','kictanet@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@lists.kictanet.or.ke <javascript:_e(%7B%7D,'cvml','kictanet@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@lists.kictanet.or.ke <javascript:_e(%7B%7D,'cvml','kictanet@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.
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On 29 Jul 2017, at 7:32 PM, Dorcas Muthoni via kictanet < kictanet@lists.kictanet.or.ke <javascript:_e(%7B%7D,'cvml','kictanet@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@hussein.me.ke <javascript:_e(%7B%7D,'cvml','ali@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
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"We are what we repeatedly do. Excellence, therefore, is not an act but a habit." ~ Aristotle
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On 29 Jul 2017, at 5:49 PM, Dorcas Muthoni via kictanet < kictanet@lists.kictanet.or.ke <javascript:_e(%7B%7D,'cvml','kictanet@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@lists.kictanet.or.ke <javascript:_e(%7B%7D,'cvml','kictanet@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@lists.kictanet.or.ke <javascript:_e(%7B%7D,'cvml','kictanet@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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