A new report on the State of Safety and Security of Bloggers in Kenya shows an increase in the number of deaths, abductions and arrests of bloggers and activists in Kenya in 2024. The report titled “Devolved Impunity: The Safety and Security of Bloggers in Kenya (2019 – 2024)” has been produced by Paradigm Initiative, Bloggers Association of Kenya (BAKE) and Article 19 Eastern Africa. It has mapped violations between 2019 and 2024.
It states that the safety and security of bloggers in Kenya remain precarious, with the majority of the challenges arising from legal, political and technological threats. As much as legal platforms have expanded the space for free expression, bloggers face increasing risks, including harassment, surveillance, arbitrary arrests and cyber threats, the report adds.
Speaking during the launch of the report, ‘Gbenga Sesan, Executive Director of Paradigm Initiative, pointed out that many governments are beginning to implement illegal activities, with some of them investing in spyware to monitor journalists “Mass surveillance should be illegal without legal frameworks to guide and make sure nothing goes wrong. But many governments are beginning to use existing laws around terrorism, and cybercrime, to then make legal what should not be legal and that is a challenge because what that does is that in many countries where some of your colleagues work we have had scenarios where governments have invested in spyware to monitor journalists and impede the work that they do,” he said.
Mr James Wamathai, Partnerships and Advocacy Manager, Bloggers Association of Kenya (BAKE) said: “We are asking to be protected. The same human rights should be protected and preserved online. If one class of society is not safe, no one is safe. The safety and security of bloggers is something everyone should care about.”
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Demas Kiprono, Deputy Director, International Commission of Jurists (ICJ), Kenya chapter, said the report showcases democratic space has moved online where Kenyans are engaging government and people in power online and this had come with inherent risks.
“This is a trend that has been happening and what we see is a need to safeguard the place, review laws, and sensitise Kenyans on their rights. As civil society, we will continue to push for these reforms through litigation and advocacy to ensure democratic space is protected. There needs to be an understanding these rights enable a person to have their dignity. When you speak about what is happening to you and government progammes that don’t work, you should not be victimised, he added.
Ms Angela Minayo, Programmes Officer, Article 19 Eastern Africa said the relevance of our work has never been more relevant than in the current Kenya. “We have seen a shift in the respect for human rights, and intolerance to criticisms and this has found its way to the county governments.”
“Computer Misuse and Cybercrime Act is the law of choice. We have problematic sections in that law. Beyond offences of the act, we should be concerned with the investigative process. Government agencies have so much investigative powers. We are also concerned about the composition of the NC4. The amendment bill seeks to empower NC4, giving them additional role to block websites found to be conducting illegal activities. Let us be on the lookout for the act and amendments to the Act. We are also asking the Court of Appeal to prioritise the case which is currently in court,” she said.
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The report indicates that enforcing laws such as the Computer Misuse and Cybercrimes Act has raised concerns about the criminalisation of online speech, limiting press freedom and discouraging critical discourse. “The use of arrests, legal intimidation, digital surveillance and even enforced disappearances demonstrates a pattern of suppression targeting those who challenge authority,” it states.
This, the report further states, is despite constitutional guarantees of free expression and important court rulings that have struck down overly broad laws. According to the report, bloggers, have continued to face arbitrary enforcement of the Computer Misuse and Cybercrimes Act, 2018, as well as other legal and extralegal threats.
The report recommends collaboration between civil society, media organisations, and policymakers in fostering a safer online environment, adding that addressing these is essential for ensuring that Kenya upholds its commitment to freedom of expression and the protection of digital rights in the evolving online landscape
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