Article 31 of the Constitution specifically protects the right to privacy. It states:
“Every person has the right to privacy, which includes the right not to have—
(a) their person, home or property searched;
(b) their possessions seized;
(c) information relating to their family or private affairs unnecessarily required or revealed; or
(d) the privacy of their communications infringed.”
Furthermore, Article 2 of Kenya’s Constitution states that Kenya’s international obligations, such as its commitment to the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, which include privacy rights, are part of Kenyan domestic law. It states:
“(5) The general rules of international law shall form part of the law of Kenya.
(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.”
Kenya is a signatory to or has ratified a number of international conventions with privacy implications, including:
The Communications Authority of Kenya (CA) collects statistics on the communications sector. Mobile penetration was recorded at 83.9% in June 2015, with 36.1 million mobile subscriptions. There were an estimated 29.6 million internet users in Kenya in June 2015, with 69% of the population having access to the internet, according to the CA.
Social media is widely used in Kenya. According to a June 2015 report by the Bloggers Association of Kenya (BAKE), social media platforms such as blogs, Twitter and Facebook have “become an effective tool through which Kenyans can write on topics of interest to them as well as exercise their freedom to free speech.”
Popular platforms include Twitter and Facebook. Facebook had 4 million Kenyan users in June 2015. Kenya had over 700,000 confirmed monthly active users on Twitter, the majority of which accessed Twitter on a daily basis.
READ MORE AT: https://www.privacyinternational.org/node/980
NCHRD-K Concerned with criminalization of human rights defense, punitive bail against human rights defenders and whistleblowers
Nairobi, 14 November 2016
Ten persons, including local farmers and activists are languishing in Taveta GK Prison for protesting against illegal land acquisitions and corruption in the county. The ten were arrested on 31 October 2016 and charged in court the following day in Taveta Court in Taita Taveta County of Kenya. They are accused of participating in an unlawful assembly contrary to s. 79 of the penal code. (CR Case No 381/2016).
The ten: Charles Mwanzia; Ramadhan Mathenge Kamosu; Justus Munyao; Fabian Ngure; Julius Kimondio; Frank Mbomani; Ambrose Hemed; Msafiri Mkillo; Julius Masuma; Peter Kithome have been unable to each raise the bond that the Court set at Kshs 300,000 with 2 sureties for each of the accused and are languishing in detention over misdemeanor charges.
Download the Statement here:nchrd-public-statement-on-taveta-10
PRESS STATEMENTON THE BREAK-IN INTO THE HOME OF HUMAN RIGHTS DEFENDER MR.KHELEF KHALIFA
An independent and vibrant civil society is beneficial to the development of a society that would thrive on the values and principles as intended within the Constitution of Kenya 2010 (Article 10); accountability, transparency, good governance and public participation. Human rights defenders play a critical role in complementing the government in promoting and protecting these values along with respect for human rights. However, in the course of their work, HRDs are faced with numerous challenges; surveillance, vilification, arbitrary arrests, malicious prosecutions, torture, threats to their life and livelihoods, thus limiting their operating environment. Despite these challenges, HRDs continue to show resilience in their work towards the realisation of human rights in Kenya.
It is on this premise that the Working Group on Human Rights Defenders in Kenya, that comprise of CSOs and development partners in Kenya, concerned with the protection of human rights defenders endeavour to publicly recognise the work of HRDs in Kenya through a HRD award ceremony to take place on 10th December – International Human Rights Day- when we commemorate the adoption of the Universal Declaration of Human Rights (UDHR) (1948) by the General Assembly of the United Nations. The 2016 Award ceremony willa be hosted by His Excellency the Ambassador of the Kingdom of the Netherlands in Kenya.
The objectives of this award is to:
The following will be taken into consideration:
Two awards will be presented to the overall winner, HRD of the year and an upcoming HRD.
The overall winner will receive:
The Upcoming HRD will receive:
The NCHRD-K therefore calls for nominations for the inaugural Human Rights Defenders Award 2016. Nominations are open until October 14 2016 at 12.00 pm.
Download the nomination form below.
The United Nations (UN) identifies the significant role played by regional human rights defenders in the promotion and protection of human rights. The Vienna Declaration and Programme of Action, espoused by the World Conference on Human Rights in 1993, authorized attempts to support and augment the usefulness of these measures while at the same time augmenting the significance of their cooperation with the UN human rights system. This has been authenticated by the UN General Assembly in a number of its declarations calling for the Secretary-General to keep on strengthening the exchanges between the UN and regional inter-governmental organizations dealing with human rights.
The report is attached below.REPORT-ON-REGIONAL-DIALOGUE-ON-SHRINKING-SPACE