January 30, 2018

Summary

Article 34 of the Constitution is subject to Article 33 ‘Freedom of Expression’ that states that, ‘The right to freedom of expression does not extend to ‘incitement to violence’ (33(b)), ‘fate speech’ (33(c)) or ‘advocacy of hatred’ (33(d).

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Kenyan TV Shutdown!

Kenyan TV Shutdown!

The Communications Authority of Kenya have switched off most of the free-to-air broadcasting transmissions in Kenya in a response to the on-going ‘swearing-in’ ceremony in Uhuru Park, Nairobi, where later this morning Nasa opposition leader Raila Odinga is set to declare himself the ‘People’s President’.

At present only the Kenya Television Network (KTN) remains on air.

KENYA’S CONSTITUTION – ‘FREEDOM OF THE MEDIA’

Under Article 34 of Kenya’s Constitution the ‘Freedom and independence of electronic, print and all other types of media is guaranteed’ and that (Article 34(2), ‘The State shall not… exercise control over or interfere with any person broadcasting… or the dissemination of information by any medium’.

KENYA’S CONSTITUTION – ‘FREEDOM OF EXPRESSION’

However, Article 34 of the Constitution is subject to Article 33 ‘Freedom of Expression’ that states that, ‘The right to freedom of expression does not extend to ‘incitement to violence’ (33(b)), ‘fate speech’ (33(c)) or ‘advocacy of hatred’ (33(d).

Earlier in the day it was reported that security forces and the police had been withdrawn from the Uhuru Park area, presumably to avoid any confrontation with Nasa supporters gathering there.

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