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KENYA

The 2013 Kenya Information and Communications Act (KICA) resulted in a large number of internet users being arrested or questioned regarding their use of the internet to criticise government officials up to April 2016, when the law was declared unconstitutional.

However, section 132 of the penal code condemns “undermining the authority of public officers”, and this has also been used to unduly prosecute internet users.

There are also strict SIM registration requirements, and Kenya uses FinFisher spyware, which has been highlighted as being used in a number of surveillance abuse cases.

Internet penetration sits at 68.4% and mobile penetration is at 90% and continuing to expand. Infrastructure continues to improve with the government adopting an open-access approach and adding to competition through increasing the number of Mobile Virtual Network Operators (MVNOs).

Recommendations Received, Cycle 2

Take all the necessary measures to bring to an end attacks on journalists and ensure that the Information and Communication Act is in line with the human rights obligations of Kenya, in particular press freedom

Recommending State: Switzerland
Status:
Supported

Enact without delay the 2013 Access to Information Bill and Data Protection Bill

Recommending State: Latvia
Status:
Noted

Abolish criminal sanctions for media offences

Recommending State: Latvia
Status:
Noted

Review the compliance of the Kenya Information Communication (Amendment) Act of 2013 with international standards on freedom of expression, create an enabling environment for journalists and bloggers and decriminalize media offences and defamation

Recommending State: Czechia
Status:
Noted


Later Event: May 1
LIBERIA