A new report on the state of safety and security of bloggers in Kenya shows an increase in the number of deaths, abductions and arrests of bloggers and activists in Kenya in 2024.
The report, titled Devolved Impunity: The Safety and Security of Bloggers in Kenya (2019 – 2024) has been produced by Paradigm Initiative, Bloggers Association of Kenya (BAKE) and Article 19 Eastern Africa.
The report has mapped violations between 2019 and 2024, and states that the safety and security of bloggers in Kenya remains precarious, with the majority of the challenges arising from legal, political and technological threats.
While legal platforms have expanded the space for free expression, bloggers face increasing risks, including harassment, surveillance, arbitrary arrests and cyber threats, the report adds.
“Mass surveillance should be illegal without legal frameworks to guide and make sure nothing goes wrong,” Paradigm Initiative executive director Gbenga Sesan said during the launch of the report. “But many governments are beginning to use existing laws around terrorism and cybercrime to then make what should not be legal and that is a challenge.”
“Because what that does is that in many countries where some of your colleagues work we have had scenarios where governments have invested in spyware to monitor journalists and impede the work that they do,” he added.
BAKE partnerships and advocacy manager James Wamathai said. “We are asking to be protected. The same human rights should be protected and preserved online. If one class of society is not safe, no one is safe. The safety and security of bloggers is something everyone should care about.”
International Commission of Jurists (ICJ) deputy director, Kenya chapter, Demas Kiprono said the report showcases how democratic space has moved online where Kenyans are engaging the government and people in power and this has come with inherent risks.
“This is a trend that has been happening and what we see is a need to safeguard, review laws and sensitise Kenyans on their rights,” Kiprono said. “As the civil society, we will continue to push for these reforms through litigation and advocacy to ensure that democratic space is protected.”
“There needs to be an understanding these rights enable a person to have their dignity. When you speak about what is happening to you and government progammes that don’t work, you should not be victimized,” he added.
“We have seen a shift in the respect for human rights and intolerance to criticism and this has found its way to the county governments,” Article 19 Eastern Africa programmes officer Angela Minayo said.
“Computer Misuse and Cybercrime Act is the law of choice. We have problematic sections in that law. Beyond offences of the act, we should be concerned with the investigative process. Government agencies have so many investigative powers.
“We are also concerned about the composition of the NC4. The amendment bill seeks to empower NC4, giving them additional role to block websites found to be conducting illegal activities.
“Let us be on the lookout for the act and amendments to the Act. We are also asking the Court of Appeal to prioritise the case which is currently in court,” she added.
The report indicates that enforcing laws such as the Computer Misuse and Cybercrimes Act has raised concerns about the criminalisation of online speech, limiting press freedom and discouraging critical discourse.
“The use of arrests, legal intimidation, digital surveillance and even enforced disappearances demonstrates a pattern of suppression targeting those who challenge authority,” the report stated.
This is despite constitutional guarantees of freedom of expression and important court rulings that have struck down overly broad laws.
According to the report, bloggers, have continued to face arbitrary enforcement of the Computer Misuse and Cybercrimes Act of 2018, as well as other legal and extralegal threats.
The report recommends collaboration between civil society, media organisations, and policymakers in fostering a safer online environment, adding that addressing these is essential for ensuring that Kenya upholds its commitment to freedom of expression and the protection of digital rights in the evolving online landscape.
