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Ask the Constitution

Can the government punish a media house or blogger for their opinions?

No

No. The State shall not penalise anyone for any opinion or the content of a broadcast or publication, except expression outside free-speech protection.

Article 34 guarantees the freedom and independence of all types of media, and bars the State from controlling or penalising anyone for their opinions or published content. This protection does not cover propaganda for war, incitement to violence, hate speech or advocacy of hatred, as listed in Article 33(2).

“penalise any person for any opinion or view or the content of any broadcast, publication or dissemination.”

Article 34: Freedom of the media

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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.NoDoes freedom of expression mean I can say anything I want, including online?No. Freedom of expression is protected, but it does not cover hate speech, incitement to violence or propaganda for war.YesCan I ask the government for information it holds?Yes. Every citizen has the right of access to information held by the State.

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.