Matiangi

Police should explore other ways to tackle destruction of property

On Thursday, Interior Cabinet Secretary Fred Matiang’i announced that the government had banned election-related protests by National Super Alliance supporters in the central business districts of Nairobi, Mombasa and Kisumu. This was an apparent reaction to the chaos and looting attributed to protesters earlier in the week. The government justified its directive on what it 

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elections 2017

Critical issues arising out of elections need to be addressed

On Monday, the Independent Electoral and Boundaries Commission declared President Uhuru Kenyatta re-elected for a second time. This followed the October 26 fresh presidential election that was necessitated by the Supreme Court nullification of the August 8 poll over “rampant illegalities and irregularities”. This time around, Nasa presidential candidate Raila Odinga and his running mate, 

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wamanjipic

Fake news, propaganda and the role of the media before and during elections

As we enter the homestretch to the August 8 General Election, Kenyans will continue to witness heightened political engagements online and offline on who is better suited to represent the people at the county and national levels. Because of past incidents such as the 2007-2008 post-election violence, the government is concerned that people might go 

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rule of law

Why the rule of law must be enforced

As much as the Constitution provides for vital principles such as the separation of powers, independent offices and constitutional commissions, free speech, leadership and integrity, accountability, participation of the people, devolution, representation and universal suffrage, these ideas mean nothing without the observance of the rule of law. This is the legal principle that the law should 

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iebc eacc

Someone must muster courage to bar candidates on count of Chapter 6

In March, the Attorney-General, the Independent Electoral and Boundaries Commission, the Ethics and Anti-Corruption Commission and the Registrar of Political Parties formed a “working group” to deliberate on the implications of Chapter 6 of the Constitution on the coming elections. The overall objective was to ensure that only candidates who espouse integrity are elected to 

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KAPARO

Hate Speech and responsibility of the media in Kenya

Every time a general election approaches, politicians often capitalise on ethnic affiliations and differences in order to galvanise votes in terms of “us against them”. In the aftermath of the 2007-2008 post-election violence, the Waki Report singled out hate speech as one of the drivers of the crisis. As a result, the National Cohesion and 

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FREE SPEECH

Judgment declaring Section 132 of the Penal Code Unconstitutional: “undermining authority of public officer”

PETITION 174 OF 2016 ROBERT ALAI VS ATTORNEY GENERAL & DPP ARTICLE 19 EASTERN AFRICA (INTERESTED PARTY) JUDGMENT 1. This petition is a challenge to the constitutionality of Section 132 of the Penal Code, Cap 63 Laws of Kenya.  Robert Alai, the petitioner, was on 17th December 2014, arraigned before the Chief Magistrate’s court at 

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robert-alai

Court strikes out law that criminalizes criticism of public officers

On 26th April, 2017, Justice E.C Mwita on the Constitutional and Human Rights division of the High Court at Milimani declared Section 132 of the Penal Code unconstitutional. The section created the offense of ‘undermining authority of public. Blogger Robert Alai and ARTICLE 19 petitioned the courts after Robert Alai was arrested and charged for 

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