OPINION PIECES
Symposium Series: Gagging Free Speech (Parts 1 - 3)
Co-authored with Mugambi Kiai and Winfred Gakii, these Symposium Pieces (Three-Part Series) were published in the Berkeley Journal of International Law. Generally, the pieces explored the gag on free speech and the resulting violations and infringements meted out to Kenyans by way of two laws, the Computer Misuse and Cybercrimes Act (2018) and the Kenya Films and Stage Plays Act (CAP 222).
Mutemi Kiama Arrest: State Must Not Muzzle Digital Platforms
This solo piece was an ode to the collective power of individuals and communities in Kenya's digital realm who unapologetically exercise their right to freedom of expression online to demand for accountability and transparency from state and non-state actors. The piece was also an expression of frustration about the ongoing use of the State machinery to harass digital users in a bid to stifle their freedom of speech.
Speaking From the Grave: Death, Data Protection under Kenyan Law.
Co-authored with Ephraim Kenyanito, this piece explored the ownership of, and access to, a deceased person's digital assets and personal data and the applicability of Kenya's Data Protection Act, 2019. The piece sought to create public awareness about the postmortem survivability of digital properties through the introduction of unexplored concepts such as 'survivor privacy' and the 'distribution of digital assets.'
Defamation Liability: Razing Media Outlets to the Ground?
Co-authored with Mugambi Kiai and Winfred Gakii, this piece explored the rising number of defamation lawsuits against media organisations in Kenya. To safeguard media sustainability, we called on Courts to prioritise the use of available non-pecuniary remedies, noting that awarded damages in some cases were disproportionately high.
Women Unseen, Unheard, Unattended and Neglected in Kenya’s Media.
Co-authored with Mugambi Kiai and Winfred Gakii, this piece explored the role played by women in Kenya's media ecosystem. The article explored women's presentation in the media, media ownership by women, and the workplace for women journalists. The article ends with a pertinent query: "For how can we loudly protest the gagging of the media while the majority of society remains muzzled by invisibility?"
Eastern Africa: Elections, Pandemic Surveillance and Regional Commitments
Framed against elections being held in Africa between 2020 - 2024, this solo piece explored a regional commitments and the use of digital surveillance technologies in 7 Eastern African countries. The piece celebrated the adoption of progressive regional digital commitments. However, it also called on the 7 States to promote empowerment and choice during electoral cycles, and decried the use of GPS and facial recognition technologies, including during elections, without attendant legislative, regulatory or administrative safeguards.
Internet Blockage not Solution to Teen Pregnancies
Co-authored with Ephraim Kenyanito, this piece responded to a State official's call for rising teen pregnancies to be addressed via pornographic site blockages. Recognising that teen pregnancies are a societal challenge, we urged the State to refrain from engaging in Internet blocking,. Instead, the piece encourages the State to redirect its efforts towards:
- Empowering children, parents, guardians, educators and peers to identify and deal with harmful content on computers, the internet, mobile phones; and
- Teaching young people how to use technology safely and responsibly.