While the Constitution guarantees the freedom of speech, you could still land in jail for exercising it. However contentious that sounds, it is a matter of law.
As Kenyans could grow bolder with their speech online, it is important to exercise caution not only to avoid jail time but also to avoid the aftermath that can result from reckless comments or posts. Under the current law, a tweet, short as it may be, can land you up to 10 years in jail.
Like every other freedom, there are checks and balances. And although the government will often not curtail your means of accessing social media, the law acts as a safeguard to stop any perceived dangers.
The Constitution guarantees the freedom to seek, receive, or impart information or ideas. However, it does not allow propaganda, incitement to violence, and hate speech.
A person about to click an app on a phone.
Photo
Canva
The Computer Misuse and Cybercrimes Act 2018 criminalises the publication of false, misleading, or fictitious data or misinformation with the intent that it be considered or acted upon as authentic.
Section 23 of the Act prohibits the publication of false information—whether in print, broadcast, data, or over a computer system—that is thought to cause panic, chaos, or violence among citizens or is likely to discredit the reputation of others.
If you are found to have published false or misleading information online, you could be liable to a two-year jail term or a fine of Ksh5 million or both.
“A person who intentionally publishes false, misleading, or fictitious data or misinforms with the intent that the data shall be considered or acted upon as authentic, with or without any financial gain, commits an offence and shall, on conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding two years, or to both,” states Section 22 (1) of the Computer Misuse and Cybercrimes Act.
When your post is considered to have caused panic, violence, or chaos, you could be liable to a jail term not exceeding 10 years or a Ksh5 million fine or both.
When adjudicating cases involving false information, the court evaluates the veracity of the information, the medium of publication, and the intent behind its dissemination.
The High Court in 2020, upheld the constitutionality of Sections 22 and 23 of the Cybercrimes Act, asserting that the state has a legitimate interest in limiting speech that may be harmful, such as false information that could induce panic or unrest.
With more Kenyans using social media and those already online being the top users in the world, arm yourself with this knowledge to avoid legal conundrums.
A person using a mobile phone.
Photo
Fuzu