The arrest of Nation's journalist John Ngirachu was blatant disregard of the Constitution. Further summons to journalists Alphonce Shiundu (The Standard) and James Mbaka (Star) to record statements with the CID over reports on Sh3.8 billion spending by the Interior Ministry on security-related contracts that the Auditor General Edward Ouko has questioned, served to return the country to the old dark ages. Interior Cabinet Secretary Joseph Nkaissery went ahead to say 'no one'. And if you understand English well, I have said no one, except two people, the President and his deputy should mention anything about his ministry........“
Article 33 of the Constitution on the freedom of expression, clause (1) Every person has the right to freedom of expression, which includes-
(a) Freedom to seek, receive or impart information or ideas.
The CS‘s remarks that only the president and his deputy should question him were irrational and he ought to know that any Kenyan, no matter their standing in society has a constitutional right to information.
Article 34 on the Freedom of the media, clause (2) the state shall not-
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(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
(b) Penalise any person for any opinion or view or the content of any broadcast, publication or dissemination.
The questioning meant to instill fear in journalists from exposing corruption in government.
Moreover, articled 35 on the access of information, section (1) every citizen has the right of access to-
(a) Information held by state; and
(b) Information held by another person and required for the exercise or protection of any right or fundamental freedom.
The fundamental freedom here includes freedom to protect ones sources from being identified by the public.
The CS and all government officials should know that the constitution is a supreme law and there is no one who has power or authority over it.
