Sample the two posts by Statehouse Director of Digital and New Media. Get to understand how we reason as Kenyans……
Here is Dennis Itumbi when a blogger, a poor university student Allan OkengÃ³ Wadi was arrested for abusing the president via Facebook>>>>
“Alan Wadi Okengo Arrested in Uganda today 31.12.014 at 15.30hrs within Samia Bugwe South County; Bulwenge ward; Busia District; Buhehe Sub county Mudiho village where he was applying for Uganda citizenship under the names Alan Wadi Owiji, Guys as you head to the new year remember it does not pay to use Social Media the wrong way”
And here is Itumbi when a blogger from his backyard (Mt Kenya) is arrested for wrong use of social media>>>
“Without getting into the specifics of the issue on my good friend Wahome Thuku ( With whom we differ on many issues) I will say something I have argued on this space before ….As a Nation we must do away with Criminal Libel/Defamation.
The law is outdated and should not be part of our law books. At least since the promulgation of the 2010 Constitution.
The law was intended for use by authoritarian/colonial regimes to shield errant public officials from criticism by citizens. This colonial relic has no place in our statute books today!!
A lawyer friend actually agrees with me saying, “I actually doubt that any court would convict a person for criminal libel; this law flies in the face of free and unfettered speech under ths 2010 Constitution.
Secondly, a persom who suffers injury due to defamation is entitled to sue under civil law for compensation for damages. Charging a person for libel under criminal law and allowing the injured person to sue for damages at the same time is ocassioning double jeopardy to the accused/sued person. This charge is unlikely to be sustained by any court now.”
But maybe this case needs to go on, Perhaps @Wahome Thuku and LempaaSoyinka will use the chance to go to Constitutional court and have the law declared unconstitutional.
Some moments though unfortunate present opportunity. On this matter of Criminal Libel my stand is very clear it has no space in our democracy.”