APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA
regarding: freedom of expression and of the media; right to a fair trial, the right to bail, the
right to stay silent i.e. fair trial and rights of refugees.
133.
The Kenya National Human Rights Commission reported on the profiling of Kenyan Somalis
and Muslims and subsequent arbitrary arrests, harassment, extortion, forcible relocation
and expulsion under since Operation Usalama watch in 20143. The KNCHR findings resonate
with some of the major complaints raised in the frontier counties around the harassment of
suspects and their relatives, disappearances of youth, human rights defenders and suspects.
The CRT was unable to establish whether in some instances the disappearances of youths
was at the hands of security forces or whether the youth are disappearing to be recruited
by religious extremists for radicalization, as both issues were raised. In many instance
members of those affected communities’ cited unlawful detention of those arrested beyond
the constitutional timelines.
133.
Government has laid emphasis on citizen-community participation in security management
since terrorists tend to reside and conceal themselves in communal settings. The Nyumba
Kumi Community policing initiative in Kenya is buttressed by the National Police Service
Act and is potentially a viable community strategy in security management, crime and
violence prevention. However, there has been a tendency for communities to leave these
matters solely to the police. The transboundary nature and activities of organised crime
also poses a challenge for community based policing.
134.
Freedom of information and expression: Freedom of information is guaranteed in the
Constitution although certain forms are proscribed, including hate speech and inciting
violence. The media in Kenya is vibrant as manifested in the existence of diverse print and
electronic media. There are several media houses operating publications radio and television
stations simultaneously and some media houses have a regional outreach in East Africa.
135.
In terms of electronic media, there are 126 Commercial Radio stations, 39 Community
radio stations, two Broadcast Signal Distributors, six Cable TV stations, 53 Commercial TV
stations, one Community TV station, one IPTV, and two Lending Rights licensees. There is
one Satellite TV, one Subscription Management Service, and one Terrestrial Subscription
Broadcast.
Kenya National Human on Rights Commission ‘A country under siege: The state of security in Kenya- an
occasional report (2010 – 2014)’
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