The Challenge of Ensuring Free Expression during Election Period

A report by Human Rights Watch (HRW) released ahead of Kenya’s 2017 general election raises alarm over mounting threats to freedom of expression, particularly targeting journalists and bloggers across the country. According to HRW, media practitioners in multiple counties—including Nairobi, Uasin Gishu, Kisumu and Trans Nzoia—have faced harassment, surveillance, physical attack, and legal intimidation. These attacks, the report argues, are being used to suppress critical coverage on corruption, land disputes, and security challenges as the campaign season heats up.
The background to these concerns is deeply rooted in Kenya’s recent electoral history and fragile political environment. HRW and its partner ARTICLE 19 interviewed more than 90 individuals—including 60 journalists and 10 bloggers—between September 2016 and January 2017. Human Rights Watch They documented at least 23 attacks on media workers since 2013, including kidnap­pings, beatings, and even killings. Human Rights Watch Several of those threatened or attacked reported that their work on sensitive topics like land corruption, security operations, and post-election violence made them targets. Human Rights Watch HRW also flagged wide use of surveillance: communications being monitored without judicial oversight and security agencies reportedly listening in on phone calls, text messages, and mobile money transactions. Human Rights Watch The legal framework aggravates the risk, the report says, pointing to ambiguous laws such as the Kenya Information and Communications Act, which have been used to penalize journalists through criminal prosecution. Human Rights Watch
The reaction from civil society, media professionals, and international observers has been one of urgent concern. Journalists interviewed by HRW expressed chilling self-censorship: many avoid reporting on government corruption or sensitive security matters out of fear for their safety or their livelihoods. Human Rights Watch Media associations and rights groups have called on Kenyan authorities to uphold the constitutional guarantee of free speech, investigate attacks on journalists, and reform restrictive legislation. HRW itself has urged the Kenyan government to publicly reaffirm its commitment to media freedom, prosecute those responsible for abuses, and align national laws with international human rights obligations. Human Rights Watch
Looking ahead, the HRW report warns that if these problems persist unchecked, the 2017 election could take place in an increasingly narrow public sphere where critical voices are silenced. The watchdog urges Kenyan political leaders, law enforcement, and policymakers to take immediate action: strengthen protections for journalists, guarantee independent oversight of security agencies, and reform laws that stifle dissent. With investors, citizens, and the international community watching closely, the stakes are high—not just for media freedom, but for Kenya’s broader democratic health.