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KENYA: Harmonise legal framework on free expression with ICCPR recommendations


KENYA: Harmonise legal framework on free expression with ICCPR recommendations
ARTICLE 19 Eastern Africa welcomes the concluding observations of the United Nations Human Rights Committee (the Committee) after Kenya’s fourth periodic review on the implementation of the International Covenant on Civil and Political Rights (ICCPR). The 131
st Session of the Human Rights Committee reviewed Kenya alongside Finland. The session was held completely online due to the Covid-19 pandemic.
Ahead of Kenya’s review, ARTICLE 19 Eastern Africa submitted a report which raised serious concerns on the status of freedom of expression in Kenya. The report highlighted undue limitations in the legal framework for free expression and press freedom, laying out problematic provisions in the Penal Code that are incompatible both with national law and the Covenant. Article 33 of the Constitution of Kenya 2010 gives strong protection to the right to freedom of expression, subject to the exclus ....

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Ten years from Tatane to Ntumba: It is time to take rub...


Ben Winks is an independent advocate specialising in constitutional and international law, and a visiting researcher at the University of Johannesburg.  
Ten years ago, South Africans watched in horror as major news outlets broadcast blow-by-blow footage of the brutal killing of Andries Tatane.  The 33-year-old maths and science teacher from Ficksburg in the Free State had been leading a peaceful community protest against water shortages and other government failures. 
We watched him being pummelled with batons by half a dozen armoured policemen and shot in the chest from less than 2m away with a shotgun round of rubber pellets. We then watched him bleed, stumble, collapse and take his last breath. He left behind a wife, two children and a community clamouring for answers and accountability. ....

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