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27Jan

New Year, Old Habits: Threats to Freedom of Expression Online in Kenya

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By Juliet Nanfuka |
The beginning of 2016 has been marked with a series of arrests and summonses of individuals in Kenya as a result of content shared through social media platforms. Contrary to the constitutional right to freedom of expression, the incidents that relate to up to 10 individuals illustrate the Kenya Government’s continued use of vague legal provisions to stifle online content critical of the state or well-connected business people and high-ranking officials.
On January 22, news broke of an attack by Al-Shabaab militants on the Kenya Defence Forces at the El Adde camp in Somalia. The following day, journalist and blogger Yassin Juma was arrested over updates and pictures  posted on social media relating to the attack. Juma was charged under Section 29 of the Kenya Information and Communications (KIC), 2013 for the improper use of a telecommunication system.
Section 29 of KIC on improper use of system states:
A person who by means of a licensed telecommunication system—

(a) sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or
(b) sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person, commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both.

On January 25, nine bloggers were summoned by the Directorate of Criminal Investigations (DCI) for questioning over alleged misuse of a licensed telecommunications system. According to DCI investigation officer John Kariuki, the nine bloggers were under investigations following undisclosed complaints made against them. “We have complaints and that is why we are investigating them. No one is targeting them wrongly,” said Kariuki.
In a statement condemning the arrests and intimidation of Kenyans online, the Bloggers Association of Kenya (BAKE) stated that the events were tantamount to “criminalization of civil matters” with users being arrested on charges that ultimately infringe upon freedom of expression. BAKE’s statement lists the arrest and detentions of the following:

  • Anthony Njoroge Mburu (alias Waime Mburu) – arrested and charged for allegedly posting false information under Section 66(1) of the Penal code for content posted on Facebook accusing Kiambu Governor William Kabogo of importing substandard eggs. He is also alleged to have posted content intended to cause harm to Charlotte Wangui, who heads Sea Cross Farm in Kwale.
  • Patrick Safari (alias Modern Corps), a prison warden – arrested for comments on the Al Shabaab attack. He spent a night in jail, and police retained his three phones and laptop after his release.
  • Judith Akolo, a journalist with the Kenya Broadcasting Corporation (KBC) – summoned for questioning by the DCI for retweeting a post from Patrick Safari (@moderncorps) about a DCI advertisement of jobs within the department which was made public on deadline day (31st December 2015). Her phone was confiscated and her pin code requested. Eddy Reuben Illah – arrested for allegedly sharing images of Kenyan soldiers killed in an Al Shabaab attack on a WhatsApp group called “Youth People’s Union”. He was charged for the “misuse of a licenses telecommunication device”.
  • Cyprian Nyakundi – arrested after tweeting about a construction company that was linked to Mombasa Governor Hassan Joho, in alleged violation of Section 29 of KIC Act on the “misuse of a licensed telecommunication device”.
  • Elijah Kinyanjui – arrested for sharing a photo of a governor’s daughter on Whatsapp. He was also charged under Section 29 of KIC Act.

These arrests and summons add to a history of arrests made under laws marked by vague definitions and excessive powers granted to the state. The KIC (Amendment) Act, 2013 does not clearly define what constitutes content that causes “annoyance, inconvenience or needless anxiety to others,” while the Penal Code has no clear definition of a “rumour” or “report which is likely to cause fear and alarm to the public or to disturb the public peace.”
Further, the Security Laws (Amendment) Act, 2014 allows blanket admissibility in court of electronic messages and digital material regardless of whether it is not in its original form. Meanwhile, the Media Council Act, 2013 contains “broad” speech offences further reinforced by the Cybercrime and Computer related Crimes Bill, 2014.
Kenya’s technology sector is one of the fastest growing in Africa. The high internet penetration rate of 74% has bred a wave of citizen journalism which has flourished in the absence of the checks and balances present in traditional media and  seeks to place social justice and accountability through ICT at the forefront of the country’s governance.
While these  incidents in Kenya are the result of hate speech and rising terrorism fears, they are no doubt placing a chill on freedom of expression for citizens and the media and contributing to self-censorship for the fear of arrest.

15Dec

Thanks to ICT, government secrets get ever fewer

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By John Walubengo |

Have ICTs enhanced political participation, social accountability, public service delivery and citizen engagement in East Africa in the recent past?
These were the research questions behind a study commissioned by CIPESA, a regional think tank focusing on ICTs in East and Central Africa.
In Kenya’s case, the answers are found in its recently published ICTs in Governance report. Some, which make for interesting reading, are highlighted below.
ICT IN POLITICS
During the last general elections, Kenyans flocked onto social media platforms in support of their parties and presidential candidates.
Parties also embraced ICTs and used it to extensively engage with supporters in dynamic and interactive ways that were previously impossible.
Blogs, Facebook walls, Twitter pages and websites were constantly updated with real-time information about campaign events, meetings, party manifestos amongst others.
However, the ugly side of ICTs was later to emerge after the Supreme Court validated the hotly contested presidential results.
With the ICC case hanging in the background, many say that Kenyans opted for “electronic” rather than the “physical” post-election violence experienced in 2007/8.
Social media tools were deployed to mount vitriol against perceived enemies, along the usual tribal contours that define our politics while degrading our capacities as a united nation.
This ethnicised use of ICT continues to be worrying as we move towards the 2017 elections.
ICTs AND SOCIAL ACCOUNTABILITY
ICTs have proved to be a strong platform for enhancing transparency and accountability. Many government agencies have deployed ICT platforms to share documents that were previously inaccessible in their “hard-copy” state.
Parliament’s website has regularly updated copies of the Hansard, the Treasury has recent copies of the Budget, with the Controller of Budget regularly reporting on how it is administered.
Publicly procured contracts are also frequently listed and updated by the Public Procurement Oversight Authority.
Various commissions have also adopted ICTs with the Commission for the Implementation of the Constitution, the body mandated to ensure that the Constitution is implemented deploying a bill tracker – a tool for monitoring proposed, pending and enacted constitutional bills.
The problem, however, is that Kenyans do not read or visit such useful sites, preferring instead the easier route of embracing, without filtering, whatever they get from their political, religious and so-called FM radio “celebrities”.
ICTs and PUBLIC SERVICES 
The report observes that due to the high penetration of mobile services, the government has been able to improve services.
Mobile money markets have also helped in making electronic payments and reducing the risks associated with handling physical cash.
Notable mentions go to the Kenya Revenue Authority’s iTax system, the government financial system IFMIS, the Huduma Centres and the eCitizen portal. Local governments have also not been left behind, with many of them adopting electronic revenue systems such as Nairobi’s parking system.
The challenge, however, remains, in that corruption persists both in the public and private sector. Just because money was paid electronically doesn’t mean it can’t also be stolen electronically.
ICTs AND CITIZEN ENGAGEMENT
Here is where Kenyans have excelled, particularly Kenyans on Twitter (#KOT). Using the power of social media, the report cites several instances where Twitter campaigns were mounted, leading to a change of action or policy.
#SpeechYa500K led the government to abandon flying the President’s Madaraka Day speech to far-flung counties at the cost of 500,000 shillings while #AngloLeasing got the government hard-pressed to explain why it was making further payments to shadowy contractors.
#SomeoneTellCNN has also been used to get CNN to apologise for negative publicity, while #TintedWindows spared Kenya’s middle class from a police directive that would have compelled them to remove their much-valued tinted film from their car windows.
In summary, ICTs have indeed come a long way and have played a significant role in the governance framework. We must be cautious, however, since ICTs cut both ways – they can be used positively or negatively.
This article was first published by the Daily Nation.
Read More
07Dec

Google Launches Wifi Project to Ramp up Broadband Access in Kampala

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By Ashnah Kalemera |
Two years since launching a project to provide high quality broadband through shared fibre infrastructure in Uganda, Google has now officially launched the WiFi based Project Link in the Ugandan capital, Kampala.
The internet giant has set up WiFi radios and supporting infrastructure at 120 locations within the city to provide citizens and small media businesses (SMEs) with high speed, affordable and reliable internet services “on the go” and at home.
The initiative aims to help local providers access high-capacity networks at a lower cost due to the opportunity to share infrastructure rather than construct their own. In partnership with the Kampala City Council Authority (KCCA) and property services companies among others, Project Link WiFi services are available at shopping malls, sports grounds, apartment complexes and office blocks.
“Google built the network and access points. We operate and monitor it,” said Ela Beres, a Google official. The ISPs and MNOs participating in the project are responsible for the quality of service, determining pricing and providing support to end users.
As at June 2015, Uganda had 36 licensed public service providers for voice and data services. Internet penetration stood at 37% and telephone penetration at 64%. In 2014, the country was ranked 15 out of 51 countries surveyed in the global internet affordability index. The index measures the affordability of internet access in each country as influenced by the extent of infrastructure deployment, adoption rates and existing policy and legislative frameworks.
According to Suzan Kitariko, Google Uganda Country Manager, since its launch in November 2013, Project Link has seen the laying of 800 kms of broadband fibre in Kampala and the surrounding areas of Entebbe and Mukono. This has enabled 13 local ISPs and mobile network operators to provide high quality broadband to an estimated two million people.
“Google Infrastructure has allowed us to focus on our core competences and cut on capital expenditure, thus reducing costs to benefit the consumer,” said Roger Sekaziga of Roke Telkom, one of the project’s partners. Roke Telkom has deployed unlimited Wifi spots at select restaurants and bars at speeds of up to 1mbs for UGX 18,000 (US$ 5) per month or UGX 1,000 (US$ 0.30) per day.
Speaking at the launch which was held at the Protea Hotel on December 3, Uganda’s Minister of Information and Communication Technology (ICT) John Nasasira said improved access to reliable and affordable broadband connectivity had the potential to positively impact Uganda’s health, education, agriculture and business sectors. He added that it would also contribute to government-citizen engagement. Nasasira called for more public-private partnerships in telecommunications infrastructure development to “boost uptake and narrow the digital divide in the country.”
Meanwhile, leveraging on Project Link, panoramic views of tourist and leisure sites in Kampala are now available via Street View. Work is underway to extend coverage to national parks. Project Link is also supporting the regulator, Uganda Telecommunications Commission and KCCA to draft guidelines for infrastructure sharing for all licensed operators.
Over the coming months, Project Link is expected to expand WiFi access to 300 other locations across the country. Since launching its first metro-fibre network in Kampala in 2013, Project Link has expanded to Ghana in West Africa, where it expects to build 1,000 kms of metro fibre.

23Nov

Reflecting on ICT for Democratic Engagement in Uganda’s Rwenzori Region

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By Ashnah Kalemera |
In the Rwenzori sub-region of western Uganda, Information and Communication Technology (ICT) tools have been key tools in promoting public accountability and improved service delivery. Through an ICT “convergence approach” that combines SMS, radio and online polling, Toro Development Network (ToroDev) has for the past five years promoted information and knowledge sharing for citizens’ engagement with their leaders on priority service delivery needs and concerns in the region.
ToroDev’s project, which is part of the ICT4Democracy in East Africa Network, has empowered local citizens in offline and online advocacy and engagement with duty bearers, trained radio journalists in reporting and promoting debate on accountability issues, facilitated quarterly accountability meetings between citizens and leaders, and supported the initiation of 15 civic groups in the region. The civic groups, also known as rural advocacy forums, consist of 80 members each, and are involved in citizen journalism and community mobilisation for the radio debates and accountability meetings.
Over the years, the project has seen increased levels of citizen participation and engagement. In 2014, each monthly advocacy forum meeting was attended by at least 50 members. Outcomes from the monthly meetings are discussed on radio talk shows. Meanwhile, 60 leaders at sub-county and parliamentary level participated in the deliberations and jointly with citizens drew up action plans, among them, the State Minister for Finance.

In western Uganda’s Rwenzori region, citizens’ participation on radio talk shows on governance issues through SMS, call ins, and social media grew from 304 in June 2014 to 4,835 by Nov 2014. See ICT4Democracy in East Africa Annual Review 2014.

Citizens have also gone on to leverage social media to engage in discussions on governance and service delivery. See for instance State of Service Delivery in Rwenzori Region, Orukurato, Rwenzori Journalists Forum and Listeners’ Forum Facebook with active membership pages.
However, at a national level participation of citizen in public affairs remains low. During the 2011 presidential elections, only 59% of registered voters cast their ballot. According to the 2013 Uganda National Household Survey, only 7% of households have a member that participates in governance at the local level, down from 10% in 2010.
The 2013 survey estimates that household participation in local governance in Western Uganda stands at 8.1% and the region boasts the highest proportion of citizens registered as voters (89%).
In the run up to the 2016 national elections, ToroDev convened regional stakeholders at a conference to reflect on the role of ICT in the electioneering processes. Uganda will hold local, parliamentary, and presidential elections in February 2016.
Speaking at the conference, Dr. Paschal Kabura, the director of Uganda Martyrs University Fort Portal campus, urged local citizens to take interest in staying informed of regional concerns that directly affect their livelihoods. “Voter apathy must be overcome,” he said, while calling for more active citizen participation in local governance processes through the use of ICT.
Discussions at the conference also included mainstreaming gender in governance processes. Goretti Amuriat from the Women of Uganda Network (WOUGNET) highlighted the need for building women’s capacity to participate in advocacy and accountability engagements, and for promoting awareness of gender issues at community level. She also stressed the need to consider women’s special needs such as child care facilities at local government consultation meetings, and suitable timing and conducive locations of accountability forums for both women and men.
Amuriat urged workshop participants to fight “biased cultural attitudes” in the region such as only men being leaders, what a man says being “right and final” and women being undermined due to their domestic responsibilities. She said it was important for women to realise that such attitudes “are not biological but socially constructed.”
The conference provided a platform for feedback and knowledge sharing on the performance of existing rural advocacy forums and the potential for establishing forums consisting of local government officials and civil society organisations at district level.
“As a result of the work of advocacy forums we have seen water put in place for example in Mugusu and Katebwa sub-counties in Kabarole district, two class room blocks have been put in place in Bufunjo Seed school in Kyenjojo district, roads [have been] improved in Kichwamba, Rwebisengo and Ntoroko District,” said Tumwesigye Andrew, the leader of Bufunjo Forum in Kyenjojo District, during the panel discussion on the performance of advocacy forums. “We have improved staff in health centres in Bufunjo, improved accountability and improved participation of women in budgetary processes and meetings,” he added.
The conference, which was held on November 19, and 20, 2015 drew more than 80 stakeholders from the districts of Kabarole, Kyegegwa, Kyenjojo, Kasese, Kamwenge, Bundibugyo and Ntoroko. They included district planners, radio, print and TV journalists, civil society organisations, religious leaders, advocacy forum members, youth leaders, district information officers and other local government officials.
The ICT4Democracy in East Africa Network is a regional coalition of civil society organisations leveraging ICT to promote civic participation, human rights and democracy in Kenya, Uganda and Tanzania. Coordinated by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), it was established in 2011 with seed funding from the Swedish Programme for ICT in Developing Regions (Spider) and is currently supported by the Swedish International Development Cooperation Agency (Sida).
 

02Oct

Uganda Marks Decade of Access to Information Law

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By Esther Nakkazi |
On September 28, 2015, the International Right to Know Day  was commemorated in Uganda at an event that also marked the 10th Anniversary of the enactment of the country’s Access to Information Act (ATIA).
During the celebrations held alongside the 2015 Forum on Internet Freedom in East Africa, stakeholders discussed experiences, lessons and challenges relating to ATIA, which was passed in 2005. The event also served as the launch of the 2015 report on the State of the Right to Information in Africa.
The celebrations were hosted by the Africa Freedom of Information Centre (AFIC) and the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) together with the Ministry of Information and National Guidance (MING) in the- Office of the Prime Minister (OPM).
Uganda was the first country in East Africa to adopt an access to information law. It was followed by Rwanda in 2013, making the two land-locked nations the only ones among the five member states of the East African Community (EAC) with access to information laws.
Implementation of the ATIA in Uganda has been slow, partly because  regulations to give effect to the law were passed in 2011, six years after the Act was enacted.
Proactive release of information remains low to-date, while the culture of secrecy and fear of reprisal remains prevalent. According to Gilbert Sendugwa, the Executive Director of  AFIC, “many Ugandans still do not understand what it means to have the Access to Information Act”. Sendugwa added that building awareness and demand for information among citizens as well as  creating responsiveness from public agencies, were required in order to improve implementation of the ATIA.
Silvia Birahwa from the Directorate of Information and National Guidance noted that as a result of the delay in passing ATIA’s regulations, there were different levels of compliance by government ministries, departments and agencies (MDAs). Some government officials were compliant while others made little or no responses to requests for information, she said.
Birahwa said Information officers of various MDAs reported a lack of capacity, including limited access to the internet and a lack of interest amongst staff, as barriers to the release of information. Accordingly, the government communication strategy is aimed to better equip Chief Information Officers within the MDAs to better respond to information requests and to aid the progress of the ATIA.
The Ministry of Lands, Housing and Urban Development (MLHUD) received an award for their consistent and prompt release of information using the Ask Your Government (www.askyourgov.ug)  website. Dennis Obbo, the Principal Information Scientist at MLHUD, received the award on behalf of the ministry.
In order to encourage more citizens to exercise their right to information, in August last year, the OPM through the Ministry of Information and in partnership with AFIC and CIPESA launched www.askyourgov.ug to enable citizens to directly request public agencies information.
 
 
 
 
 
 

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