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The right to freedom of expression and its role in political transformation in Kenya
Thesis (LLD)--University of Pretoria, 2016.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2017
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| _version_ | 1867613638620086272 |
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| access_status_str | Open Access |
| author2 | Fombad, Charles Manga |
| author_browse | Fombad, Charles Manga |
| author_facet | Fombad, Charles Manga |
| collection | Thesis |
| dc_rights_str_mv | © 2017 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2016. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/60070 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:19.648Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2017 |
| publishDateRange | 2017 |
| publishDateSort | 2017 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/60070 The right to freedom of expression and its role in political transformation in Kenya Fombad, Charles Manga erickibet@gmail.com Malan, J. Morusoi, Eric Kibet UCTD Freedom of expression Limitation of rights 2010 Constitution Kenya?s Constitution SDG-16: Peace, justice and strong institutions Law theses SDG-16 Thesis (LLD)--University of Pretoria, 2016. Enacted after a protracted review process characterised by many false starts, tensions and at times violence, the Constitution of Kenya 2010 envisions a radical break from a politically repressive past. It envisages extensive political transformation; a momentous shift in the political configuration of the polity in terms of its governance structures and the equilibrium of power among its institutions. It also entails a change in the normative arrangements, culture, attitudes and practices that surround politics and the exercise of public power. Crucially, as part of the transformation project, the Constitution has made a resolute commitment to fundamental rights and freedoms. Key among these is the right to freedom of expression. Freedom of expression enjoys protection in democratic constitutions around the world and in international law, albeit in different formulations. The right has repeatedly received affirmation in apex courts, including in Kenya, as the ?bedrock of democratic governance,? and similar praises. Except for jitters raised by the recent enactment of a plethora of expression-restricting laws and increased controversial prosecutions, there has been a general assumption that the protection of the right in Kenya is solid. This study aims, in part, at evaluating and deconstructing that assumption. In particular, the thesis answers the following research questions: (a) what is the nature and scope of the right to freedom of expression and its limitations in Kenya? (b) what are the transformative goals of Kenya?s 2010 Constitution? (c) what is the role of the right to freedom of expression in Kenya?s project of transformation?, and (d) do the limitations of freedom of expression under Kenyan law meet the standards of the 2010 Constitution? The thesis concludes that the transformation envisaged in the Constitution cannot be complete without fundamental changes in the law, practice and attitudes that surround freedom of expression. This is because, as the thesis shows, freedom of expression has the role of legitimating, facilitating, and defending the envisioned change. While the Constitution has created a framework with the potential to support transformation, freedom of expression restrictions contained in statutes, English common law and judicial precedents undercut the protection of the right. In other words, while some of these restrictions serve legitimate purposes, the constitutional validity of others is suspect. This situation, in turn, undermines the transformative aspirations of the 2010 Constitution. Centre for Human Rights LLD Unrestricted 2017-04-26T11:51:46Z 2017-04-26T11:51:46Z 2017/04/06 2016 Thesis Morusoi, EK 2016, The right to freedom of expression and its role in political transformation in Kenya, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/60070> A2017 http://hdl.handle.net/2263/60070 en © 2017 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Freedom of expression Limitation of rights 2010 Constitution Kenya?s Constitution SDG-16: Peace, justice and strong institutions Law theses SDG-16 The right to freedom of expression and its role in political transformation in Kenya |
| title | The right to freedom of expression and its role in political transformation in Kenya |
| title_full | The right to freedom of expression and its role in political transformation in Kenya |
| title_fullStr | The right to freedom of expression and its role in political transformation in Kenya |
| title_full_unstemmed | The right to freedom of expression and its role in political transformation in Kenya |
| title_short | The right to freedom of expression and its role in political transformation in Kenya |
| title_sort | right to freedom of expression and its role in political transformation in kenya |
| topic | UCTD Freedom of expression Limitation of rights 2010 Constitution Kenya?s Constitution SDG-16: Peace, justice and strong institutions Law theses SDG-16 |
| url | http://hdl.handle.net/2263/60070 |