WHY FREEDOM OF EXPRESSION AND PRESS IN KENYA IS KEY HUMAN RIGHTS CONCERN
Historically, Kenya’s successive regimes have been rated poorly in so far as freedom of the press is concerned.

By Martin Kurgat
Ever since the dramatic events surrounding the “bearing” of “Echoes of War” by Butere Girl’s High School from staging the National Schools Drama Festival at Kirobon Girls High School in Nakuru, several questions have risen and blame games have ruled the nation:
Was the theme of the play really controversial? Was it done away with because it was directed by an opposition figure? Who then infringed on the students’ right to freedom of the expression? And/or why then did the police mishandle the reporters?
Other than the condemnation of police brutality at the scene, it is important to understand why freedom of expression as a global human rights issue, it should be protected as a constitutive rationale as well as an instrument based on recognition that leads to something valuable – advances important goals.
No wonder Interior Cabinet Secretary Kipchumba Murkomen was quick to absolve his police officers from blame – a usual promise to further investigations into the matter where pupils had begun protecting their mistreatment.
However, journalists who were not expected in the mix got rubbed up – violently mishandled where they got physically injured and their tools and equipment got destroyed.
The National Police Service was quick to give statements denying intentional attacks on the media practitioners from various media stations and houses.
Historically, Kenya’s successive regimes have been rated poorly in so far as freedom of the press is concerned, compared to the former Jubilee regime which equated print media as only equal to be valueless – “only fit to rub on meat”.
Media heled several to press conferences and explain situations. Democratically, the issue of freedom of expression since the 20th century has gained importance – a worldwide recognition that slavery – the notion that human beings could be owned was not only barbaric to humanity.
Colonialism, apartheid, and genocides caused much of community of nations to accept every human being, irrespective of age, gender, sex, race, ethnicity, nationality, language, class, social origin, and religion.
The 2010 constitution opened expression of different ideas that we test the ‘truth’ of any single idea – that freedom of expression is central to people’s ability to develop and refine ideas, opinions and views.
Also, could convince others through the notion “marketplace of ideas” – only through free expression can ensure that there will be competing ideas in a democracy.
In fact, Article 19 of the Universal Declaration provides that: ‘Everyone has the right to freedom of opinion and expression’ – freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media.
Therefore, Kenya is never an island – not immune to such freedoms, including that of expression and media. We must stand up against threats to press freedom – we must all jealously guard all democratic avenues especially the freedom of the press which indeed is a human rights concern.
Mr. Martin Kurgat Teaches Journalism and Communication Studies at the School of Information Sciences, Moi University in Eldoret. kurgatmartin1@gmail.com
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