April 8, 2018

Summary

Article 33 (1) of Kenya’s constitution declares that ‘Every person has the right to freedom of expression’, BUT, Article 33 (2) (b) qualifies this right. It states that: ‘The right to freedom of expression does not extend to… Incitement to violence’.

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Sunday Nation Publishes MP’s Incitement to Violence

Sunday Nation Publishes MP’s Incitement to Violence

“ANYONE TALKING ABOUT ODINGA SUCCESSION SHOULD BE STONED”

The Sunday Nation, in a report into the on-going widespread discussions within the former National Super Alliance (NASA) as to a possible successor to Raila Odinga for the 2022 elections, has quoted Alego Usonga constituency MP Samuel Atandi making a statement that clearly seems to be an incitement to violence and thus in breach of Kenya’s constitution.

In a report entitled ‘Raila succession talks assume relevance after deal with Uhuru’, Atandi was quoted by The Sunday Nation as stating: “We do not have a crisis in leadership in Nyanza or the opposition and anyone talking about the Odinga succession should be stoned”.

Article 33 (1) of Kenya’s constitution declares that ‘Every person has the right to freedom of expression’, BUT, Article 33 (2) (b) qualifies this right. It states that: ‘The right to freedom of expression does not extend to… Incitement to violence’.

The Sunday Nation’s reproduction of Atandi’s statement could in itself be deemed in contravention of the Constitution, i.e. by repeating a  statement that seemingly encourages people to attack anyone who talks about the possibility of Odinga being replaced as the main opposition leader for the next election.

Watch this space – will the police being paying a visit to the Hon. Samuel Atendi and the offices of the Nation Media Group?

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