Our statement on the arrest and intimidation of Kenyans online
Bloggers Association condemns the arrest and intimidation Kenyans online
Nairobi: 24th January 2016
We the Bloggers Association of Kenya (BAKE) take great exception to the increasing cases of intimidation through arrests and prosecution of Kenyans online. In the recent past, eight Kenyans have been arrested and held for questioning in what is turning out to be criminalization of civil matters.
Police have frequently used section 29 of the Kenya Information and Communications (KICA) Act (2009), as grounds for arrests and prosecution. Section 29, improper use of a telecommunication system, says that a person who by means of a licensed telecommunication system sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or (b) sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person; commits an offence and shall be liable on conviction to a fine not exceeding Ksh. 50,000 or to imprisonment for a term not exceeding three months, or both.
Yassin Juma was on 23rd of January 2016, arrested and held under the same section 29 of KICA Act. Yassin was held at the Muthaiga Police Station over posts he published on his social media accounts. The posts provided updates of the recent Kenya Defense Forces (KDF) attack in Somalia.
On 22nd of August, 2015, blogger Robert Alai was arrested by the Criminal Investigations Department (CID) officers for allegedly calling the family of President Uhuru Kenyatta land grabbers. Alai recorded a statement over claims that Kenyatta family grabbed land in Taita Taveta. The President had pledged during the 2013 General Elections campaigns that his family would allocate 2000 acres of land to squatters.
Anthony Njoroge Mburu alias Waime Mburu, who commentates on Kiambu County politics, was charged in a Mombasa court on Thursday 21st of January 2016 with publishing false information. He was charged with three counts of harmful publication contrary to section 66(1) of the Penal code. According to the charge sheet, he is alleged to have posted false words on social media in January 8th 2016 that were intended to cause harm to Charlotte Wangui, who heads Sea Cross Farm in Kwale. According to section 66(1) of the Penal code of Kenya, any person who publishes any false statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace is guilty of a misdemeanor.
Patrick Safari, a prison warden, popular known as Modern Corps was also arrested on 21st January 2016 for posting various comments regarding the Al Shabaab attack at the KDF camp in El-Adde, Somalia. He spent the night being interrogated and police retained his three phones and laptop after releasing him the following day. Safari generally provides security updates on his social media accounts.
Eddy Reuben Illah was arrested on 19th January 2016 and charged under section 29 of KICA Act. He was alleged to have shared images of what he alleged were Kenyan soldiers killed in an Al Shabaab attack on a WhatsApp group. Illah denied the charge and was remanded in custody pending the hearing of his case on 9th February 2016.
Elijah Kinyanjui was arrested on 12th January 2016 and held for 12 hours for allegedly sharing a story that depicted alleged Nakuru Governors’ daughter Brenda Mutanu in bad light in Nakuru Facebook and WhatsApp groups. Kinyanjui was alleged to have committed the crime on October 15th 2015. He was held under section 29 of the KICA Act.
Judith Akolo, a journalist with the Kenya Broadcasting Corporation (KBC), was on 5th January 2016 questioned by the Directorate of Criminal Investigations (DCI) for retweeting a comment. On 31st December 2015 she retweeted a post from Patrick Safari (@moderncorps) about a DCI advertisement of jobs within the department which was made public on deadline day (31st December 2015).
Blogger Cyprian Nyakundi has been arrested twice this month and held for more than 24 hours against the Constitutional requirement in Article 48. Article 48 is clear that an arrested person be taken before a court not later than 24 hours of being arrested. Nyakundi was detained after tweeting about a construction company that was linked to Mombasa Governor, Hassan Joho.
These are just cases that have come up recently. BAKE records that there are many other cases of the same nature of both intimidation and prosecution of online users.
“Article 33 of the Kenyan Constitution is categorical that every person has the right to freedom of expression, including the freedom to seek, receive, or impart information or ideas. The arrests of these online users do not reach the threshold for limitation of rights as enshrined in Article 33 (2). Thus these actions by the police are unconstitutional”, said BAKE chairman Kennedy Kachwanya.
Articles 33, 34 and 35 of the Constitution should not be abused at the behest of political goals. Where the limitations have to be exercised the spirit and letter of the Constitution has to be abided by law enforcement officers.
“We are particularly concerned by the increasing pattern of criminalizing civil matters. Defamation as most of these cases indicates are civil matters, which do not fall under the purview of police officers. This needs to stop forthwith,” added Kachwanya.
BAKE further calls for judicial officers to hasten the hearing and determination of a constitutional challenge to section 29 of the KICA Act. The case has been postponed several times with the new hearing date set for January 28th 2016. A speedy resolution of this case by the Human Rights and Constitutional division of the High Court will pave way for the release of many online users and bloggers, charged by this vague, unconstitutional provision.
As an organization, we have been conducting blogging and social media training around the country to sensitize citizens on the need for responsible use of online platforms. The trainings also include the law governing the internet in the country. We intend to continue with these trainings in areas that we have yet to cover so as to better inform the online public of their rights, freedoms and responsibilities.
For BAKE members, we offer legal support both directly and indirectly (through partners). Members should reach out whenever they need it. The partnerships we have created in the online space have shown willingness to help us protect and promote online freedoms and rights.
This statement has been published on our blog http://www.blog.bake.co.ke/2016/01/24/bake-condemns-the-arrest-and-intimidation-of-kenyans-online/ and can be shared.
These six businesswomen control assets of over $87 billion between them
Who? Deputy Group CEO, National Bank of Kuwait
Maha al Ghunaim
Who? Vice Chair & Group CEO, Global Investment House
Who? Managing Director, Y K Almoayyed & Sons
Henadi al Saleh
Who? Chair, Agility
“There are no limits but the limits you set for yourself. Take the step and don’t shy away.”
“The most important thing I learned is to make sure you surround yourself with the right people.
Who? CEO, Optimum Telecom Algeria (Djezzy)
Be yourself, know what you want from life and go get it.”
SI TUNA ONGEA SANA APA!
ETI LUPITA ANA BOY COTT THA OSCARS???????????????
NI KU GIRL-COTT THA OSCARS
NA KAMA JADA PINK-LETT SMITH AME RANT NA KU RAVE COZ WILL BEE HAJA PATA KITU
JADA NA WILL THINK VITU CAN BE SOLVED PAP! KAMA KU GET BOY WAO JADEN KU COACH IWA NA JACKIE CHAN KWA KARATE KID
MAISHA SIO VILE JADA ANA I FEEL
NA PIA SIO REDIO OOOOOO ETI RADIO MAISHA……………. WILLY HAJA PATA CONCESSION KWA CONCUSSION EEEEEEEEEEEEEEEEEEEEEEEEEE
BLACK HAWK DOWN EEEEEEEEEEEEEEEEEEEEE
MBONA MOVIE HAIKUITWA WHITE HAWK DOWN EEEEEEEEEEEEEEEEEEEEEEEEE
THA OSCARS BLACK OUT EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE
THA OSCARS CONTINUE NA PIA WILL BEE HANA ZAKE/CHAKE! HAAAAAAAAAAAAAAAAAA
JULIANA NA RYAN SEA CREST KAMA KAWA KWA RED CARPET TUKI SORORA MA DRESSES ZA 5 MILLION NA JEWELLERY ZA LORRAINE SCHWARTZ/ZZ/ ZA 100 MILLION NAKUAMBIA AWA WA HOLLY WOOD WEAR SUCH AMOUNTS MWILINI BILA KU WIN MA LOTTO
BASI MI PIA NIME RANT NA KU RAVE JUU YA OSCARS SO WHITE APO KWA MA YOU TUBE
WAPIIIIIIIIIIIII!@#$%^&*POROJO MOB TU
NI KUM ATTACK TU O.J
KWENI SI NI YEYE ? SI YE NDIO OSCAR?
OSCAR SO WHITE?????
O, J ALIOGA NA MAZIWA AKAWA NI MWEUPE KAMA PAMBA KAMA RAILA GUY??????????????????
O.J ATAONA SAKATA YA KU ATTA CK BOY COTT GIRL COTT THA OSCARS. O, J AMEACHWA!@#$#%
WOMEN IN COMICS:WHY STEREO TYPES STILL PERSIST! BY POTENT ASH
LOOGHA-RHYTMS MOB THIZ WEEK HEARING OUT??????????????
black out ya masikio now!@#$
KOBI K: in kisungu mkuti?.,.,.,.,
.”AM LIVE::::::::::: COMING AT YOU FROM NATION SENTA…”.
WE DHINK/ SI THINK………………………………. NI COMING TO YOU FROM NATION SENTA……………
1.……....DANSON MUNGATANA CAN BE SIKIZWA’D KAMA
DANSON– UNGA– TANO..
.2……………...YVONNE– IKAWA YVONNE– O’KWAYA/–O-CHOIR–??????????
3–—–WILLY MUTUNGA AKAWA –WINNIE–??????MUTUNGA!
kunywa maji ya mvua .
ilifanya noah ku live over 600 years old!.kweni si alikuwa akinywa rain water kwa ark???????????????????????? AMA UNADHANI ILINYESHA SODA?
NOAH WAS THA 1st ARK-I-TECT
NA SAFINA YAKE WAS THE 1st ARK-I-TECTURE
HAPA KWA HUMOUR MOB TUNA MA JIBU MAJINGA YOOTE KWA KILA MA SWALA MA JINGA NA MA SILLY QUERY ZA KILA MTU
ETI CHARLIE SHEEN AKO NA BI POLAR DIS-ORDER??????????????????
MI NILIDHANI NI UGONJWA YA POLAR BEAR
INA DEAL IWA NA MA VET,S
KUMBE NI YA KUONWA NA SHRINK???????????????
NI YA WALE MA PSYCHO DOCTORS?
BI POLAR DIS-ORDER KWA KAULI MOJA TUACHIE POLAR BEAR
AND IN SEMI CIRCLE::::::::::: CIRCLE OF TALKKS MAPEPO NA MAFUTA TAA
ETI……….MASHETANI KENYA-NI KATO-REWA NA MAFUTA ZTAA????????????????????????????
ONLY IN PECULIAR KENYA
ACHA NIKUAMBIE KAMA MSEE ANA KNOWLEDGE KIASI KUHUSU THE KINGDOM OF DARKNESS
NI UWONGO MTUPU
THEY DONT TOLEWA NA MAFUTA TAA
IYO MTA-ACHIA STOVE
SI KWA MAJESHI,WALA SILAHA,,NI KWA ROHO MTAKATIFU
1-JINA LA JESUS
2- BLOOD OF JESUS
3- MOTO WA ROHO MTAKATIFU
UKIWA NA THIS 3
BASI MA N- DAEMONO,DEMONS
,MAPEPO,,MAJINI..MASHETANI…NA SPIRITUAL HOSTS OF WICKED NESS IN THE HIGH PLACES WATA ONA VILE KUTAKUWA NGORI
USICHEZE NA THE KINGDOM OF DARKNESS
WAKI KNOCK DOOR YAKO
ACHA JESUS TO OPEN THA DOOR
TUTA KUPIGIA HII STORI TU UCHEKE MAPEPO KIDOGO
Acts 19:11-20 English Standard Version (ESV)
The 7 Sons of Sceva
11 And God was doing extraordinary miracles by the hands of Paul,
12 so that even handkerchiefs or aprons that had touched his skin were carried away to the sick, and their diseases left them and the evil spirits came out of them. MAPEPO NA NDAEMONO
13 Then some of the itinerant Jewish exorcists undertook to invoke the name of the Lord Jesus over those who had evil spirits, JINA LA YESU NI WEAPON WEWE!saying, “I adjure you by the Jesus whom Paul proclaims.”
14 Seven sons of a Jewish high priest named Sceva were doing this.
15 But the evil spirit answered them, “Jesus I know, and Paul I recognize, but who are you?”
ITA YESU BE COZ THA DEMONS HAWAKUOGOPI WEWE.WANAMTAMBUA THE LORD JESUS..PEKEE..NA PAUL HIS ANNOINTED.
WEWE ?????? WATAKUCHARAZA! WEWE WATAULIZA WHO THE HELL DO YOU THINK YOU ARE?
16 And the man in whom was the evil spirit leaped on them, mastered all of them and overpowered them, so that they fled out of that house naked and wounded.
17 And this became known to all the residents of Ephesus, both Jews and Greeks. And fear fell upon them all, and the name of the Lord Jesus was extolled.
18 Also many of those who were now believers came, confessing and divulging their practices.
19 And a number of those who had practiced magic arts brought their books together and burned them in the sight of all. And they counted the value of them and found it came to fifty thousand pieces of silver.
20 So the word of the Lord continued to increase and prevail mightily.
MAPEPO WANAMWOGOPA JESUS
1-James 2:19 says that even the demons believe, and they shudder. … No because as James 2:19 b says “the devils also believe, and tremble”.
2-You say you have faith, for you believe that there is one God. Good for you! Even the demons believe this, and they tremble in terror.
English Standard Version
3-“Even the demons believe!”
– Yes, the devil believes God exists–in fact, he has no doubts about it. … That is why the Bible says, “Even the demons believe that–and shudder” …
5-James 2:19 (NLT) You say you have faith, for you believe that there is one God. Good for you! Even the demons believe this, and they tremble in terror.
the movie the exorcist
EXORCISM WACHIA WATUMISHI WA MUNGU SHUPAVU
AMA WACHIA UFALME WA MUNGU
HAUWEZANI NA KINGDOM OF DARKNESS BILA KINGDOM OF GOD
POTENT ASH FASHIONS
Bad jokes are like drugs: you know they are no good, and no one wants to see you do them.
coz he say so……………….
ime pamba moto
ukicheki tha rangi ya pamba na bwana tinga (hajatinga bao) yet!
yeye ni mweupe kama pamba au ni tee shirt ndio eupe kama pamba?