• The survey says four of the 11 journalists (participating in the study) have faced defamation charges.
• The trend was alarming as it directly infringed on the right to free speech, undermining human rights and media independence.
Image: FILE
A lobby group has decried rising use of lawsuits by powerful entities and individuals to silence legitimate criticism by journalists and human rights activists.
In a report, Mzalendo Trust says certain public duty bearers, including government officials and influential people, use defamation suits and computer misuse law to silence critical reporting or revelations, which would otherwise be in public interest.
This is highlighted in a report titled “The Effect of Strategic Lawsuits Against Public Participation On Freedom of Expression and Citizen participation in public dialogue in Kenya”, which was released on Tuesday in Nairobi.
The response rate was at 62 per cent of the targeted respondents, which the lobby says provided sufficient data for the analysis, interpretation and making recommendations relevant to key stakeholders.
The survey reached 105 respondents in 11 counties-Nairobi, Homa Bay, Kajiado, Kilifi, Migori, Nakuru, Narok, Nyamira, Siaya, Uasin Gishu and Vihiga.
The report says most of the lawsuits target human right defenders, media professionals and public-spirited individuals like bloggers and public commentators on governance issues using channels like mainstream or social media.
“The interviewees testified to being sued multiple times. One example came from an investigative journalist where about 20 of the stories he has published in the past 10 years ended up in court with a defamation suit,” the report says.
It says the journalist in question works to expose corruption, financial impropriety and corrupt procurement deals, with politicians and big businesses targeted.
The report says public figures who are likely to become subject of criticism have perfected using the courts to intimidate legitimate criticism, targeting journalists and activists.
Corruption and abuse of office tend to be reason behind gagging by the duty bearers, the report says.
“Sixty-five per cent of respondents said the litigants’ actions intended to conceal corruption and abuse of office [while] 55 per cent attributed the suits to [need to] silence those who expose the vice,” it says.
The survey says four of the 11 journalists (participating in the study) have faced defamation charges.
The trend was alarming as it directly infringed on the right to free speech, undermining human rights and media independence.
“This finding highlights a potential tension between the perceived role of these institutions and the public expectation of safeguarding fundamental freedoms and democratic values,” it says.
Majority of the respondents faulted the Judiciary’s role in the lawsuits, with 84 per cent saying the process is lopsided.
It says the impact of the trend will be that media houses and public-spirited activists will withhold information that is in public interest for fear of attracting suits that have crippling damages.
“....the specific concerns that citizens, media houses, journalists and institutions may withhold information that is in the public interest and that impunity will grow underscores broader anxiety about the potential consequences of legal proceedings on democratic values and accountability.”
“The respondent’s fear of freedom of expression reflects personal concerns and worry about health of democratic principles and the functioning of societal institutions.”
Constitutional lawyer Harun Ndubi says there is need to amend the law to hold accountable judges who have been proven of colluding to give life to such lawsuits to unfairly target journalists and activists.