NAIROBI, Kenya, Nov 2 –The Director of Public Prosecution (DPP) Noordin Hajji has vowed action against individuals who use free speech to perpetuate hate and divisions during and after the electioneering period.
Speaking during the commemoration of the International Day to End Impunity for Crimes against Journalists (IDEI) on Tuesday, Haji stated that free speech must not be a license to perpetuate the assault of political opponents or to engage in acts of vandalism.
“I started by alluding to the electoral season we are getting into as a country; campaigns can be messy, but we believe that democracy is enhanced through this “messy” interchange of ideas. I want to emphasize however that even as we protect the freedoms of speech during this season, first and foremost, we will prosecute anyone who uses free speech to perpetuate hate and violence,” Haji said.
The DPP called on the media to be on the lookout for individuals keen on taking advantage of free speech to spread inter-ethnic tension.
“We must not allow ethnic bigots in the name of free speech to terrorize others by threatening to initiate violence. Now not every bigoted words that are uttered are punishable by law; to be punishable, these words must be what the courts call a true threat, a serious threat to commit an unlawful act of violence and this is where you as the media can agree to have in place enhanced guidelines that proffer a more rigorous internal review striking an appropriate balance between protecting the safety of the Kenyan people and your news media’s role of ensuring the free flow of information,” he added.
His comments come at a time when the country is experiencing heightened political tension with incidences of violence witnessed in some regions.
The DPP emphasized the need for journalists to adhere to professional and ethical standards in the performance of their duties by upholding integrity, accountability and transparency.
“We must also remind ourselves that while we enjoy our freedom of expression, we should exercise this fundamental right responsibly. Sometimes there will be those who use their right to free expression to say reprehensible things to others creating harmful divisions along ethnic or religious lines,” Haji said.
He called on the Media Council of Kenya (MCK) to play its part in ensuring that freedom of expression is exercised in a manner that respects the dignity and privacy of others and in a way that does not propagate ethnic incitement or discrimination.
The DPP further encouraged the media to continue speaking truth to power to get rid of injustices and hold leaders accountable.
“That’s why, today, l am here to ask each of you to keep up the good work. Keep asking the tough questions, keep shining a light on the challenges we face as a country and region and the injustices we collectively have to remedy.
“Above all, keep working to ensure you uphold integrity in your profession even when the truth may be at odds with the powers that be; be it government or even the ownership of the media houses you represent,” Haji said.
Inspector General of the National Police Police Service (NPS) Hillary Mutyambai, in a speech read by his Principal Assistant Munga Nyale, emphasized the need for cooperation between the media and the police to address rising assault cases against journalists.
“There is need to cement the collaboration between the National Police Service and the Media council of Kenya in order to address issues that arise out of the causes and attacks on media workers,” said the IG.
Mutyambai reaffirmed the NPS’ commitment to promoting safety and protection of journalists and called for collective efforts among stakeholders.
Maina Muiruri, the MCK Chairperson, expressed concern over the rising cases of threats among journalists in the country noting that security agencies are among the leading threats to media freedom.
“Violations against journalists have risen in the past three years. By October 2021, the Media Council of Kenya had documented 55 cases of violations, with security agencies leading as the sources of the threats,” he stated.
Muiruri further pointed out that there have been gaps in the operationalization of the National Mechanism for Safety and Protection of Journalists, including lack of investigations of cases of impunity against journalists which results in non-prosecution of perpetrators.
Secretary General of Kenya Union of Journalists (KUJ) noted that some media houses in the country were still effecting pay cuts on their employees saying the move was posing a threat to the mental health of journalists.
“Media houses must be called out to end economic crimes against journalists the same way we call out crimes against journalists. Some media houses are promoting financial stress in the newsrooms through pay cuts and redundancies,” he said.
United Nations Educational, Scientific, and Cultural Organization (UNESCO) Regional Director and Representative for Eastern Africa Prof Hubert Gijzen noted that journalists across the world are increasingly subjected to various threats, attacks and harassment particularly in the digital space.
“We’re extremely worried by the increasing trend of extra judicial killings of journalists. Such impunities have a chilling effect on our democracy. Let us intensify joint action to defend media freedom, ensure safety of journalists, as part of defending our democracies,” stated.
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