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Ask the Constitution

Does freedom of expression mean I can say anything I want, including online?

No

No. Freedom of expression is protected, but it does not cover hate speech, incitement to violence or propaganda for war.

Article 33 protects the freedom to seek, receive and share information and ideas, and artistic and academic freedom. It does not extend to propaganda for war, incitement to violence, hate speech or advocacy of hatred. It also says everyone must respect the rights and reputation of others.

“The right to freedom of expression does not extend to— (a) propaganda for war; (b) incitement to violence; (c) hate speech;”

Article 33: Freedom of expression

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More questions like this

NoCan I be forced to join a political party?No. The Constitution says nobody can be compelled to join an association of any kind, and a political party is an association.YesCan I join a protest or demonstration?Yes, as long as it is peaceful and you are unarmed.YesCan I ask the government for information it holds?Yes. Every citizen has the right of access to information held by the State.It dependsCan the authorities search my phone, home or belongings?Your privacy is protected, but this right can be limited by a law that meets strict constitutional tests.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.