“In November 2014, internet statistics source Socialbakers estimated that there were 3.6 million Kenyans on Facebook, with 64% of them male and 36% female. The majority of Facebook users (75%) were aged 18-34 years. As of September 2015, the Kenyan Twitter account with the highest number of followers was @UKenyatta, the Kenyan President’s account that had over one million followers, followed by @ntvkenya with 979,838 followers.”
This report reviews government and non-government Information and Communication Technology (ICT) initiatives in Kenya, and examines how ICT-related policies and other legislation affect citizen participation and democratic governance. Among others, the study covers the link between ICT and political participation, social accountability, public services delivery and citizen engagement. The report is based on policy analysis,
stakeholder interviews and literature review, and aims to inform awareness raising initiatives and advocacy for more progressive policies and practices regarding the use of ICT in governance and civic participation in Kenya.
By Marilyn Vernon & Liz Orembo |
Threats to citizens’ access to information, privacy, security and freedom of expression online are increasingly coming under scrutiny in East Africa. According to the World Press Freedom Index, Kenya who was ranked number 71 out of 180 countries in 2013, dropped 29 places to number 100 in 2014. Meanwhile, cybercrime is also on the rise in the country. The Kenya Cyber Security Report 2014 shows a 108% increase in detected cyber threat incidents, from 2.6 million attacks in 2012 to 5.4 million in 2013.
The Cyber Security Report attributes the surge in criminal activity to the increasing value of information and the lower risk of detection and capture. Businesses and individuals are susceptible to threats stemming from spyware, social media, unsecured email, and theft of mobile computing devices.
Kenya’s ranking in the World Press Index reflects the deteriorating relationship between the media and the state. The steady decline is partly attributed to the passing of prohibitive legislation, most notably the Kenya Information and Communications (Amendment) Act and the Media Council Act of 2013, which subjects violators to heavy fines and asserts undue state control over media practice.
A few journalists in Kenya have boldly reported on sensitive topics at the risk of imprisonment or financial penalties. Reported cases of assassination, disappearance, destruction of property, confiscation of equipment, and arrests are among the list of violations committed against journalists and activists.
Notably, controversial blogger Bogonko Bosire, who worked for Agence France Presse (AFP), went missing two years ago. He was known for his criticism of President Uhuru Kenyatta’s administration during the International Criminal Court (ICC) proceedings. It is reported that Bosire had been threatened multiple times, and his website Jackal News suffered at least one digital attack. Various rumors surrounding his fate spread online, but his whereabouts remain unknown.
In a digital safety and security training workshop conducted last month by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) in partnership with Kenya ICT Action Network (KICTANet), journalists, bloggers and activists admitted to using the Internet for research, communication and reporting but with little or no understanding of the existing digital threats.
“Why do I need security?” and “I’m not that important for anyone to waste time looking for information in my gadgets” were some of the comments participants made.
Other shortcomings identified in the pre-workshop assessment included poor organisation IT mobility policies whereby, just like other business organisations in Kenya, media houses allow their employees to carry their own devices to the workplace. Some of these devices are also used in public places by employees to meet their work targets. This increases the risks of journalists having their data lost or compromised especially since theft of mobile and computing devices is rampant in the country.
Freelance journalists indicated being unable to acquire the necessary digital safety resources as often availed to counterparts fully employed by the media houses. Besides, there was a widespread use of free web-based email services such as Yahoo, Google mail and Hotmail through which practitioners felt “sensitive communication can be intercepted since some of these email service companies have histories of being hacked”.
Accordingly, the CIPESA-KICTANet training workshop set out to equip participants with the necessary tools and knowledge needed to protect their digital information and communication, and to respond to various types of digital threats. The workshop topics ranged from the importance of digital security, secure communication and data storage, to PC and mobile device security, as well as the ethical and legal aspects of digital communication on social media platforms.
The interactive sessions enabled a knowledge-sharing environment in which participants were able to evaluate their security vulnerabilities and to choose security tools they would use to protect themselves and their work. Attendees engaged in group discussions, lab demonstrations, and case studies of ethical blogging. Participatory sessions demonstrated how to encrypt emails, create strong memorable passwords, and identify built-in security features on mobile devices to determine which are important for personal safety – taking into account that security features are only effective when used well.
As a means to protect information and guard against digital threats, the workshop facilitator, Harry Karanja, encouraged participants to use tools such as anonymous internet navigation settings, data encryption, and virtual private networks (VPN). He also recommended use of IP anonymisation and signing up with secure anonymous email services.
Participants were also urged to refrain from sharing personal identifiable information online, perform regular updates to the latest versions of operating systems, and back up their data.
Recommendations from participants for future workshops included partnering with learning institutions to train student journalists on digital security prior to engaging in professional work and the development of online tutorials for ongoing reference.
The workshop, held at Riara University in Nairobi, Kenya on June 17-18 2015, had 24 participants from Kenyan print, broadcast, and online news agencies. It is the fourth in a series of digital safety awareness and capacity building trainings conducted this year by CIPESA under its OpenNet Africa initiative. The others have been held in Tanzania and Uganda.
By Catherine Kamatu |
Joseph Kitaka, a resident of Yatta in Machakos County, Kenya, has always had an interest in defending human rights. His community is faced with numerous challenges, including gender-based violence, police brutality and many other human rights violations. Mr. Kitaka had little hope of utilising Information and Communication Technology (ICT) to advance his ambition in bettering his community, until he was elected the chairman of Yatta Paralegal Network, a local Human Rights Network (HURINET).
Today, Yatta, is among 15 HURINETs in Kenya that are being supported by the Kenya Human Rights Commission (KHRC) to strengthen democratisation by widening civil society use of ICT to advance political accountability, freedom of expression and respect for human rights. The initiative is part of the ICT4Democracy in East Africa Network, a regional coalition of civil society organisations coordinated by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA).
The network maintains various ICT platforms and undertakes activities including research, capacity building, mentoring, advocacy and civic engagement toward strengthening democracy. The network’s partners use digital technologies to hold leaders accountable to citizens, fight corruption, enhance communication and the right to freedom of expression, as well as the right to seek, receive and impart information and respect for human rights.
In Kenya, KHRC maintains an SMS short code and crowd mapping platform which enable citizen reporting of human rights violations, and building a vibrant social movement of citizens who monitor government performance toward a society free of human rights violations.
Through KHRC’s project, 10 HURINETs have received computers, modems, generators and digital cameras to support their work. Mr. Kitaka received a modem, a computer and a digital camera to enable the smooth operations of his network. He asserts that the equipment greatly eased information sharing among the networks and other human rights defenders.
“Three years ago, sharing information was a challenge. It took very long for human rights defenders to share reports, it was also very expensive since we could only access ICT equipment in cyber cafes at a cost. With the equipment given to us by KHRC, everything is moving on well,” he said. Joseph Kitaka from Yatta Paralegal Network is interviewed at a communications training workshop.
Earlier in 2014, KHRC conducted two community outreaches in the Kibera and Kangemi informal settlements in the capital of Kenya where active audiences of 109 and 138 respectively were trained in the use of ICT platforms for promoting human rights and good governance. These engagements enabled hundreds of ordinary citizens to use web tools (such as SMS, Facebook, HakiReport, HakiZetu) to report on governance processes.
Kenya has high rates of access to digital technology, with mobile access rates at 80% and internet access rates at 57%. However, most citizens do not have the skills to use simple technology tools in pursuance of good governance at a time the Kenyan government is making laws and regulations that limit freedom of expression.
In a bid to enhance the quality of the content generated by the human rights networks, KHRC further trained human rights defenders on communications skills in February 2015. The training focused on news writing, multimedia use, interview skills, social media and use of the KHRC e-library as a research tool.
The training was attended by 15 local human rights workers, who will collectively contribute to the newsletter Mizizi ya Haki (The Roots of Justice), which focuses on activities of human rights networks. “From the skills obtained from the communications training facilitated by KHRC, I have managed to train other human rights defenders on how to file good reports,” added Mr. Kitaka.
The training evaluation indicated an overall change in the knowledge, skills and attitudes of all beneficiaries. Social media and article writing were indicated as the most useful training sessions toward the beneficiaries’ more effective human rights work.
However, further training needs were also identified, including digital security, media laws and multi-media content generation. Participants also identified a need for training in proposal writing and resources mobilisation as well as in paralegal work.
Read the full evaluation report here http://bit.ly/1Pu1w6h
The work of KHRC and the ICT4Democracy Network is supported by Swedish International Development Cooperation Agency (Sida).
By Juliet Nanfuka |
The rights of Kenya’s digital citizens are fast shrinking in the face of new restrictive laws and increased arraignment of individuals for expressing online opinions which authorities deem in breach of the law.
The Security Laws (Amendment) Act 2014, assented to by President Uhuru Kenyatta last December, allows blanket admissibility in court of electronic messages and digital material regardless of whether it is not in its original form.
It is feared that retrogressive provisions in this law could be used to put the chill on internet freedoms in East Africa’s most connected country where mobile phone penetration stands at 80% and internet access at 50% of the population.
Part V of the new security law regarding “special operations” has raised particular concerns, as it expands the surveillance capabilities of the Kenyan intelligence and law enforcement agencies without sufficient procedural safeguards.
It gives broad powers to the Director General of the National Intelligence Service to authorise any officer of the Service to monitor communications, “obtain any information, material, record, document or thing” and “to take all necessary action, within the law, to preserve national security.”
In addition, the amendments also contain unclear procedural safeguards especially in the interception of communications by “National Security Organs” for the purposes of detecting or disrupting acts of terrorism.
Even though there is a provision for a warrant to be issued by a court of law, the broad definition of ‘national security’ leaves no room for restrictions on the extent of power the law grants to National Intelligence Service when it comes to accessing personal data, information and communications.
In February 2015, the Kenya High Court struck some clauses from the security law. The government says it may appeal.
Government says the new law is necessary to fight al Shabaab militants who have repeatedly rocked the country with fatal attacks such as the Westgate shopping centre attack on September 21, 2013, which left 67 people dead. Human rights activists blame President Kenyatta’s government for steadily shrinking the space for civil actors, a pattern they say was manifested in the Kenya Information and Communications (Amendment) Act 2013 and the Media Council Act 2013. These laws, they say, placed restrictions on media freedom and general freedom of expression.
The proposed Cybercrime and Computer related Crimes Bill (2014) also falls short of constitutional guarantees as it is contains “broad” speech offences with potentially chilling effects on free speech. See a full legal analysis of the Bill by Article 19. Proposed regulations to the law governing non-government organisations, which cap the funds received from foreigners at 15% of their overall budgets, have also been criticised as aimed to curtail and control the activities of civic groups engaged in governance and human rights work.
Over the 2012-2013 election period, several individuals were charged in court over their online communications. The National Cohesion and Integration Act of 2008 has been used to charge many for promoting hate speech – which some Kenyan citizens found justifiable given the role that hate speech played in the 2007 to 2008 post-election violence.
Hate Speech is defined by the 2008 Act as speech that is “threatening, abusive or insulting or involves the use of threatening, abusive or insulting words” with the intention to stir up ethnic hatred or a likelihood that ethnic hatred will be stirred up. Authorities, however, seem to be shifting gear and using this charge among others against online journalists and bloggers that criticise the Kenyatta government.
In December 2014, blogger Robert Alai was arrested and charged with undermining the authority of a public officer contrary to Section 132 of the Penal Code by allegedly calling President Kenyatta an “adolescent president” in a blog. He was again arrested in February 2015 for offending a businessman online by linking him to a land saga that involved the illegal acquisition of the Langata Primary School playground.
Meanwhile, Allan Wadi – a student – was also arrested for “hate speech” and jailed in January 2015 for posting negative comments on Facebook about the president. In the same month, journalist Abraham Mutai was arrested following tweets he posted on corruption in the Isiolo County Government. He was charged with the “misuse of a licensed communication platform to cause anxiety.”
Nancy Mbindalah, an intern with the department of finance at the Embu County Government, was charged on similar grounds for social media posts dating as far back as 2013 in which she is alleged to have abused County Governor Martin Wambora.
In all instances, some social media users claimed there were “selective” arrests and prosecution of those critical of government. Critics cited the case of Moses Kuria, a Member of Parliament (MP) for Gatundu South, who allegedly made remarks on Facebook against the Luo Community but did not face the same punitive actions.
A recent news report, however, indicates that the National Cohesion and Reconciliation Commission and the Public Prosecutor are calling for the MP’s case to be revisited for the “incitement to violence, hate speech and fanning ethnic hatred.”
The incidents of arrest, prosecution and law amendments demonstrate a recurring theme of clamping down on dissenting citizen voices, a concern that was highlighted by the Kenya Human Rights Commission and the International Federation for Human Rights following the enactment of the Security Laws (Amendment) Act.
While the country remains on a constant alert for terror attacks, this has been used to strengthen the control that the state has on freedom of expression and surveillance. The lack of laws that limit state access to citizens’ information further exacerbates this concern.
By reviewing and comparing literature on the role of ICTs in statebuilding and peacebuilding in Africa, with a particular focus on neighboring Somalia, Kenya, and Ethiopia, this paper examines whether the claims of the transformative power of ICTs are backed by evidence and whether local knowledge – e.g., traditional mechanisms for conflict resolution – is taken into consideration by ICT-based initiatives. Several key findings emerged, including: 1) empirical evidence on the successful use of ICTs to promote peacebuilding and statebuilding is thin; 2) few differences exist between scholarship emanating from the Global North and from Africa; and 3) the literature exhibits a simplistic assumption that ICTs will drive democratic development without sufficient consideration of how ICTs are actually used by the public.
Download the full paper here.
