More facing charges for online posts

The last two weeks have seen increased cases of people, both journalists and other online users, being arrested and charged for the manner and contents they post online. This has followed complaints made to the Criminal Investigations Department (CID) by individuals while others have followed decrees by the Minister for Interior.

In almost all the cases involving online content deemed to be in conflict with the law; many times the State has used Section 29 of the Kenya Amendment Act 2009 that provides for charges on misusing online platforms to charge people, including Nakuru-based journalist Elijah Kinyanjui. Eddy Reuben was charged in relation to posting photos of the alleged bodies of KDF soldiers killed in Somalia under the outlawed section 66(1), which under the Security Amendment Act had provided for charges on publishing of disturbing photos/content. When Kinyajui was charged, we had argued that such laws while extreme, would make the work of journalists difficult. Furthermore, appropriate sanctions are already provided for under the code of ethics for the practice of journalism, in Schedule Two of the Media Council Act 2013.