Balance between the right to freedom of expression and anti- terror legislation: a case study of Kenya
Date
2016
Authors
Rukiya, Azizi Ibrahim
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Publisher
Strathmore University
Abstract
The 21 st century has seen a significant rise in terrorist activities. These activities are known to disrupt public order and subsequently destabilise both developed and developing countries. The Paris attacks in November 2015 on a football stadium, a theatre and restaurants led to the death of 128 people, the largest number of deaths France has witnessed since the end of World War II not to mention the presence of the Islamic State of Iraq, Syria and the Levant (ISIL) self-proclaimed "caliphate" arbitrarily executing scores of People in the Middle East. In Kenya, the AI shabab has conducted a number of attacks that partially disabled the country, 67 died in a West-gate Mall Act in 2013, 147 were killed in Garrissa University in 2015 and other attacks that have jeopardized the country's economy and national security. It is the duty of the state to ensure that peace and security are maintained within their territories. Legislation is key in •ensuring these objectives are met. It is however important in the course of safeguarding national security and protecting public order, they do not violate other Civil and Political Rights. Freedom of expression is the cornerstone of democracies and should therefore be limited within the confines of the law.
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