Online Surveillance and Freedom of Expression in Kenya

Abstract

Individual privacy is one of the building blocks in exercising freedom of expression in the online and offline space. Lately, findings from Kenya National Bureau of Statistics (KNBS) and Communication Authority of Kenya (CAK) have indicated there has been a sharp increase of online usage and cybercrime. Specifically, unauthorized surveillance which propagates breach of privacy and data mining. Similarly, Privacy International, Article 19 and Defenders Coalition have equally documented the rise of online surveillance which curtails freedom of expression in Kenya. This study investigated the impact of online surveillance on Freedom of Expression as a fundamental right in the Kenyan Constitution. Notably, this study surveyed the technological protection mechanism and predisposed vulnerability of online platforms and inquired about the mechanisms in place to protect freedom of expression online. On methodology, this was purely exploratory study which employed qualitative methods of data collection and analysis while using John Stuart Mill Doctrine of Freedom of Expression (2005) and Erving Goffman Frame Analysis (1974) as grounding theoretical framework. The research has taken into consideration all the ethical research concerns from validity of the methodology to data analysis, voluntary participation and respect for anonymity and confidentiality. According to the findings, there is widespread surveillance of personal interactive sites and internet-connected devices in Kenya. This is done while most Kenyans are unaware their data is being mined and sold without their consent. No one's privacy should be violated indiscriminately. Based on the findings, the research recommends that protective and progressive laws are essential. Lastly, while the laws are being enforced and legislated, they should not be applied selectively; they must be consistent across the board, including citizens and elected officials.