Balancing acts: navigating the fine line between freedom of expression and incitement to violence in Kenya

Abstract

In the evolving landscape of free expression, it has become increasingly imperative to strike a delicate balance between the freedom to express oneself and the need to ensure that one’s expression does not incite violence against others. In Kenya, the line between the two has often been blurred particularly during politically tense times such as election periods where certain statements have led to post-election violence. It is on this basis that the objective of this study is to examine the thin line that exists between the freedom of expression and incitement to violence in Kenya. Anchored on the liberalism theory, this study will employ the doctrinal research method where it will analyse primary sources such as statutes and case law, as well as secondary sources which include books, academic journals, and newspaper articles. The study seeks to provide useful insight through its recommendations to legal practitioners and policy makers on how to revise the existing laws and policies, by either amending them or enacting new legislation, to eliminate the use of freedom of expression as a harmful tool to incite others to violence.