Pain and Pandemic: Unmasking the State of Human Rights in Kenya in Containment of the COVID -19 Pandemic

The Kenya National Commission on Human Rights (KNCHR), on 30th June 2020, released a report titled Pain and Pandemic: Unmasking the State of Human Rights in Kenya in Containment of the COVID -19 Pandemic. The report, which captures the results of KNCHR’s monitoring efforts during this COVID-19 period, revealed that loss of life, inhuman and degrading treatment and cases of torture were witnessed during the monitoring period as measures were being taken to contain the spread of the virus. (See more on the report here)

The Kenya National Commission on Human Rights (KNCHR), on 30th June 2020, released a report titled Pain and Pandemic: Unmasking the State of Human Rights in Kenya in Containment of […]

Continue reading "Pain and Pandemic: Unmasking the State of Human Rights in Kenya in Containment of the COVID -19 Pandemic"

Tanzania seeks withdrawal of protocol at African Court

Through a notice signed by Tanzania’s Minister for Foreign Affairs and East African Cooperation Prof. Palamagamba Kabudi on 14th November 2019, the Tanzanian government has allegedly sought to withdraw the right of individuals and NGOs to directly file cases against it at the Arusha-based African Court on Human and Peoples’ Rights. Continue reading “Tanzania seeks withdrawal of protocol at African Court”

Through a notice signed by Tanzania’s Minister for Foreign Affairs and East African Cooperation Prof. Palamagamba Kabudi on 14th November 2019, the Tanzanian government has allegedly sought to withdraw the […]

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Public Participation Bills 2019

The National Assembly sought comments from the public on two Bills: The Public Participation Bill No. 1, 2019 and the Public Participation Bill No. 2, 2019. The Bills seek to give effect to constitutional principles of democracy and public participation in provisions of the Constitution; to provide a framework for effective public participation and define the obligations of state organs and public offices in conducting public participation. The period for submission of written memoranda closed on Monday, 18 November.

 

The National Assembly sought comments from the public on two Bills: The Public Participation Bill No. 1, 2019 and the Public Participation Bill No. 2, 2019. The Bills seek to […]

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New Bill to Regulate Social Media

The Kenya Information and Communications (Amendment) Bill, 2019, No. 61 of 2019 is now before Parliament. The Bill seeks to amend the Kenya Information and Communications (Amendment) Act by regulating social media and imposing obligations on the administrators of social media platforms. It also introduces heavy penalties for failure to comply with the new requirements.
On November 11th, 2019, the bill was presented to the public at a public participation forum.

Stakeholders including the Communications Authority pointed to the inconsistency of the Bill’s provisions with those of the Constitution. They also mentioned that the bill replicates provisions in other regulations such as the Computer Misuse and Cybercrimes Act and that if passed, is likely to be challenged before the constitutional court.

The Parliamentary ICT committee stated that the bill failed to meet the constitutional threshold requirement that should be met by all bills before they are published and tabled in Parliament. They will therefore put together a report and recommend that the bill should be withdrawn in its entirety.

The following is a link to comments by the International Centre for Not-for-Profit Law (ICNL) that could be useful for those interested in engaging with legislators on why the bill does not pass the human rights litmus test.

ICNL Comments on Kenya Information and Communications Bill – FINAL

The Kenya Information and Communications (Amendment) Bill, 2019, No. 61 of 2019 is now before Parliament. The Bill seeks to amend the Kenya Information and Communications (Amendment) Act by regulating […]

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New Data Protection Law

President Uhuru Kenyatta signed the Data Protection Bill into law on November 8, 2019. The new law sets out requirements for the protection of personal data processed by both public and private entities. It also outlines key principles that will govern data processing, sets out the rights of data subjects and assigns duties to data controllers and data processors.

It was crafted amid concerns that the country lacked a comprehensive data protection mechanism in the face of the growth of digital economy. For more in the news, see:
https://www.businessdailyafrica.com/releases/Uhuru-signs-Data-Protection-Bill-into-law/1941082-5341658-njto1jz/index.html

President Uhuru Kenyatta signed the Data Protection Bill into law on November 8, 2019. The new law sets out requirements for the protection of personal data processed by both public […]

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