__MAIN_TEXT__
feature-image

Page 184

KENYA

21

22

23

182

These cases show an increasing acceptance of technology by the courts, contrary to a few years ago where they made more cautious findings that were quite protective of fundamental rights. The DMS project, for example, was halted by the high court in 2018, creating a precedent on privacy that many cases have relied upon.21 Similarly, criminal defamation was declared unconstitutional in 2017, putting a halt to the practice of arresting and charging bloggers whose content clashed with the political elite.22 Prior to that, bloggers had been charged under the infamous section 29 of the Kenya Information and Communication Act (KICA) that outlawed ‘misuse of a licenced communication system’. It was annulled in 2016.23 Although the virus presents a new challenge, digital policing is a familiar practice in Kenya. Every election year, resources are reserved for monitoring online content so as to prevent a recurrence of the post-election violence witnessed in 2008. Monitoring of persons of interest is also applied in the fight against terrorism. In these previous uses, engagement of stakeholders and use of community mechanisms have proved to be important complementary aspects for peace building. Of course, digital technology has its limitations and potential fallibilities. Even in a pandemic, the public should be given an opportunity to understand and interrogate the technological measures being applied for their safety. References 1.

See: http://kenyalaw.org/kl/ index.php?id=10211

2. See: https://www.president. go.ke/2020/03/23/kenya-approvesroll-out-of-google-loon-4gto-mitigate-coronavirus-workdisruptions 3.

See: https://ca.go.ke/about-us/ who-we-are/ict-advisorycommittee-on-covid-19

4. See p. 58: https://kma. co.ke/Documents/Case%20 management%20protocol.pdf 5.

See: https://www.the-star.co.ke/ news/2020-03-17-matatus-weaklink-in-anti-corona-war

6. See: https://www.youtube.com/ watch?v=5-Qdx4RX7oQ 7.

See: https://www.the-star.co.ke/ news/2020-04-22-sh40bnallocated-to-corona-responsetreasury-cs-yatani

Dispatches

Profile for Meatspace Press

Data Justice and COVID-19: Global Perspectives  

The COVID-19 pandemic has reshaped how social, economic, and political power is created, exerted, and extended through technology. Through c...

Data Justice and COVID-19: Global Perspectives  

The COVID-19 pandemic has reshaped how social, economic, and political power is created, exerted, and extended through technology. Through c...

Advertisement

Recommendations could not be loaded

Recommendations could not be loaded

Recommendations could not be loaded

Recommendations could not be loaded