Since the adoption of the Constitution of Kenya (2010), the country has seen positive progression towards stability and inclusion as compared to other countries in the developing world. With one of the most progressive constitutions and a seemingly clear regulatory and operational framework for the digital space, one would be forgiven for seeing the current digital repression as a scar on the nation’s conscience.
The recent descent into digital authoritarianism characterized by often violent repression is disheartening, especially considering we are yet to fully enjoy the fruits of what we have worked so hard to build over the years.
The country, through the invaluable support of its international development partners, recovered really well to repair its broken society in the aftermath of the post-election violence of 2008. In the years that followed, we have worked to build and restore faith in our institutions and further strengthen them to serve society better and more equitably.
The output was exemplified through the strengthening societal fabric that meant we became a key protector of human rights not only within the digital space but also a safe haven for refugees from across the world. As such, it is shocking how all this progress has seemingly been wiped out within a few short years; even as the government continues to exhibit a staggering inadequacy to protect the liberties of its citizenry.
According to the Freedom House report on Kenya’s internet freedom, there has been a significant drop in internet freedom over the past year as a string of violent attacks targeted bloggers and social media users in retaliation for their online expression. Access to and usage of messaging platforms has also been disrupted for the first time in many years. The violent repression characterized by torture and reported murders represents an endemic problem within Kenya’s top power structure. But what needs to be done to reverse the current mess?
Digital Authoritarianism Is An Existential Threat
Kenyans have occasionally taken to the streets to protest against, among other things, the rising digital authoritarianism. While the demonstrations have compelled leaders into action, the honesty in the actions taken has not been clear.
Peaceful protests are a good approach to put pressure on leaders especially in an environment exhibiting signs of authoritarianism. This slows the speed of descent into authoritarianism. However, this has flopped over and over again mainly because only half-hearted attempts have been made from the leadership structure to address protestor concerns on digital repression and occasionally emboldened security apparatus to crack down on perceived dissidents with impunity.
The overarching priority now must be for the international community to step up efforts to protect internet freedoms in Kenya and in many developing nations.
Pressure from the international community is a viable option to deal with the serial disobedience of court orders and directives aimed at protecting the rights and freedoms of citizens. Coordinated pressure, including travel sanctions, should be imposed on leaders who suppress critical freedoms of the masses.
As a community within cyberspace, Kenya’s continued digital repression, censorship and digital authoritarianism will have a snowball effect on how information is generated and passed down to the end user. Understanding this will help heads of state from the developing world to nurture freedoms and cultivate a sustainable environment for democratic growth and progression.
Kenya needs a multifaceted approach to good internet governance to decentralize the enormous power the government and its institutions hold over internet usage in the country. Pushing for laws to protect internet users is seemingly not sufficient for as long as the state retains unlimited power and a strange need to use security agencies as it see fit. The country needs to strengthen its legal structures with proper checks and balances for heads of state and significantly limit constitutional abuse.
More meaningful cooperation is also needed between the private sector and key players within cyberspace. The cooperation should be premised on increasing the infrastructural capability and allowing for the robust growth of cyberspace within the local and international context.
The country already has a solid legal framework governing the internet and digital space; the fundamental problem lies in the misuse of the legal framework to suppress internet freedoms and violently crack down on dissidents.
The digital economy, through its various forms, is now worth upwards of Ksh 1.2 trillion. Sustaining this and ensuring continued growth requires that the freedoms of users are assured and protected by strong institutions
A fair balance between protection of national security and the right to freedom of expression as well as other competing interests should be established. At no point should there arise conflicts on what amounts to jeopardizing national security and freely expressing oneself.
The end of the ongoing digital authoritarianism does not mean a restoration of our democratic principles as a country, it is but one in many ailments we need to immunize ourselves against. Protected internet freedom will elevate the role of Kenyans in free expression and active participation in shaping a robust democracy.
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