Investigate and prosecute blogger's killers

Daniel Muthiani disappeared on December 2, 2023. [iStockphoto] Meru blogger Daniel Muthiani's body was recently discovered and identified after he disappeared on December 2, 2023. Upon autopsy, it was determined that he was killed by strangulation after being tortured, which included cutting his tongue and dousing his face in acid. His nickname "Sniper" may have come from the fact that he was a blogger who was not afraid to criticise the powers that be. Following his disappearance, a suspect was arrested by police and charged by the Office of the Director of Public Prosecutions with abduction. The situation would change after the body was found, prompting a murder charge, which is still pending. Daniel's abduction, torture, and murder have been vehemently condemned by Dennis Itumbi, a Kenya Kwanza digital strategist who himself was abducted and tortured in 2021. As a result of Daniel Muthiani's murder, protests have erupted in both the Meru region and online, with concerned citizens demanding prompt and thorough investigations resulting in prosecutions. There is no doubt that Kenya has experienced disappearances and mysterious killings in the past, with journalists such as Pakistani Arshad Shariff, bloggers, lawyers, human rights activists and environmentalists like Joannah Stutchbury and Willie Kimani targeted for their work. Through X (formerly Twitter), Facebook, and YouTube, Kenyans have been able to seek, receive, and impart information about how they are being governed at a national and local level. It has been a thorn in the side of leaders who would rather rule without criticism and oversight. Since devolution was introduced over a decade ago, county governments have been criticised for curtailing freedom of expression, such as online speech, protests, and journalism. There has been an increase in instances of violent attacks against those who speak out or report misgovernance at that level. The Constitution guarantees freedom of expression, the right to seek, receive and impart information online and offline or any other medium, the right to access information and freedom and independence of the media. However, in practice, freedom of expression is curtailed by those who would rather not have specific issues discussed or criticised. The courts and public interest lawyers have played their part in upholding this right, as evidenced by several cases that have emphasised the role of freedom of expression in our democracy. Over the past seven years, "criminal defamation", "undermining the authority of a public officer", and "misuse of a licenced telecommunication device" were declared unconstitutional for being an unjustifiable limitation of free expression. Incidentally, aspects of criminal defamation would be returned through Sections 22 and 23 of the Computer Misuse and Cybercrimes Act barely a year later. In 2014, some provisions of the Security Laws Amendment Act were found to be unconstitutional, such as requiring journalists to seek permission from the Inspector General of the National Police Service (NPS) before reporting on terrorism. According to Justice Chacha Mwita, in one of the landmark cases, Kenyans have the right to express their opinions about their government and leadership. According to him, Kenyans cannot freely express themselves without criticising and commenting on their leaders and public officials. It is only through public criticism that citizens can inform their leaders that certain actions may not be in the nation's interests, and such criticism helps public officers understand the citizens' feelings. - The writer is acting Executive Director - ICJ Kenya. demaslaw@gmail.com

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