Ladies and gentlemen, did you know that your Facebook tag and or post may land you in jail or attract a heavy fine or both? Indeed, there are so many good things Facebook can do for you but in equal measure, there are many other things you shouldn’t be doing on Facebook to avoid trouble with the law. In Kenya, it’s now official that a Facebook tag and or post may lead one to court for a possible jail term or a very painful fine or both!
In April 2016, a man was ordered to pay an MP millions of Kenya shillings for defaming him on Facebook. The court ruled that the defendant must pay the MP Sh2 million general damages and Sh1.5 Million exemplary damages.
The court also asked the defendant to foot the cost of the suit. The High Court in Nairobi awarded Teso North MP Arthur Papa Odera Sh5 million in a defamation case against a Facebook user Peter Ekisa. It is reported that Ekisa had accused Odera of misusing Uwezo Funds on his Facebook post between February and March 2014. In his submission, the MP claimed that Facebook had international traction hence was detrimental to his image.
In January 2015, a court in Kenya jailed a man who insulted President Uhuru Kenyatta in a post on a social media site. A 25 year-old university student pleaded guilty to hate speech and insulting the head of state in a series of Facebook posts.
In a hearing in Nairobi, the judge ordered Okengo to pay a Sh200, 000 fine or serve one year behind bars without the option of a fine for insulting the president. His comments, which were posted online on December 18 and 19 stated that security in Kenya would only improve when members of the main Kikuyu ethnic group to which Kenyatta belongs are “deported” back to the central highlands region.
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The two recent cases in Kenya set precedence in the country where cases of personal attacks on social media have become rampant. One should therefore refrain from posting, tagging or liking anyone and or anything on Facebook without consent. Tagging anyone or a picture without express permission or sharing the same can be a breach of defamation and privacy laws, both of which can carry hefty fines and even jail time. The ruling sets precedence in the country where cases of personal attacks on social media have become rampant.
Dr. Njenga, Solomon Ph.D
Dean - School of Governance, Peace and Security
Africa Nazarene University, Kenya
DISCLAIMER: These are my own views and NOT of the Institution I work for
