Former Chief Justice Willy Munyoki Mutunga has openly questioned Interior CS Kipchumba Murkomen’s remarks about laws addressing social media misuse. Mutunga has asked Murkomen to specify which law punishes such behavior. He further argued that no law exists in Kenya that restricts social media use in a way that overrides the Constitution.
The former CJ pointed out that Kenyans are guaranteed freedom of speech and expression under the Kenyan Constitution. He believes this right must be protected at all costs. His remarks were in response to Murkomen’s recent statement warning that individuals who misuse social media, especially by spreading offensive content or attacking public figures like politicians, would face legal consequences.
CS Murkomen claimed that Kenya’s cybercrime laws provide guidelines for handling these cases. However, Mutunga dismissed these claims, insisting that no law explicitly criminalizes the general misuse of social media. He questioned whether such actions proposed by Murkomen respect constitutional principles.
According to former CJ Mutunga, Kenyans should be allowed to exercise their rights online without interference from the government.
His remarks have drawn widespread attention, with many Kenyans supporting his perspective. Critics argue that the government might be using the issue of social media misuse to infringe on citizens’ rights under the pretense of maintaining order.
There are growing concerns that this approach could lead to censorship and limit public expression. Former CJ Mutunga’s challenge shows the need to balance freedom of expression with responsible use of online platforms.
While harmful behavior online should not be ignored, he insists that any government action must adhere to the Constitution and avoid suppressing fundamental freedoms. The ongoing debate continues to spark discussions about protecting free speech while addressing issues of online misconduct.
By Newsmedia