DCI To Punish Kenyans Inciting Violence On Social Media During Azimio Protests

The Directorate of Criminal Investigations (DCI) announced on Tuesday, July 18 that it will crack down on Kenyans who will be found spreading inciteful messages across social media platforms, especially during the Azimio la Umoja three-day anti-government demonstrations.

DCI was responding in a statement to the increased level of misleading information and hate speech propagating across major social media platforms under the guise of the freedom of expression as enshrined in the Constitution of Kenya.

While noting that it has sparked fear across the country, the DCI cautioned that the right to expression should not be abused in a way that encourages law-breaking activities.

"The attention of the DCI has been drawn to misinformation and incitement to violence through the abuse of social media platforms, under the veil of freedom of expression. Regrettably, this has caused fear and panic among peace-loving Kenyans.

"Whereas the freedom of expression is guaranteed in our constitution, its enjoyment should not be used as a tool to promote and justify mayhem and lawlessness," stated the DCI.

The investigative agency went on to remind Kenyans that inciting violence online is a criminal offence going against Sections 22 and 23 of the Computer Misuse and Cybercrimes Act of 2018.

According to Section 22, a person who intentionally publishes false, misleading or fictitious data or misinforms with the intent that the data shall be considered or acted upon as authentic, with or without any financial gain, commits an offence and shall, on conviction, be liable to a fine not exceeding Ksh5 million or to imprisonment for a term not exceeding two years, or to both.

Section 23 indicates that a person who knowingly publishes information that is false in print, broadcast, data or over a computer system, that is calculated or results in panic, chaos, or violence among citizens of the Republic, or which is likely to discredit the reputation of a person commits an offence and shall on conviction, be liable to a fine not exceeding Ksh5 million or to imprisonment for a term not exceeding 10 years, or to both.

"In this regard, the DCI wishes to advise that online incitement to violence falls out of the spectrum of constitutional protection and is criminal as per Sections 22 and 23 of the Computer Misuse and Cybercrimes Act of 2018.

"The DCI shall continue to execute its mandate as prescribed by law, and will process any lawbreakers for prosecution without fear, favour or ill will," added the DCI.

The DCI further commended all law-abiding Kenyans who have been supporting them in their quest for a peaceful society by abiding by the tenets of law and order. 

"We wish to urge all Kenyans of goodwill to continue sharing information anonymously through our #FichuakwaDCI toll-free line: 0800 722 203," urged the investigative agency.

The DCI was responding to a viral video which earlier circulated widely, detailing plans to counter the demonstrations. The clip depicted young men, chanting while holding crude weapons and incentivised with Ksh1,000 each to reportedly wreak havoc.

The National Police Service (NPS), the umbrella body of the DCI, however, claimed that the organizers of the purported demonstrations did not seek permits to picket contrary to legal requirements.

"While Article 37 of the Constitution gives the right to assemble, demonstrate, and picket, lessons from recent similar demonstrations clearly indicate that such demonstrations are nothing but a threat to national security.