Over the last 15 years, the Kenyan government has responded to hate speech and misinformation on social media through new legislation and direct work by governmental institutions established through that legislation. Most legislation, especially legislation pre-dating 2013, does not explicitly address or name social media; that said, any legislation that addresses harmful speech, whether hate speech or misinformation, can also be extended to social media. The table below highlights the main pieces of legislation that constitute the legal foundation for addressing harmful speech on social media.
The various legislations have also established the NCIC, the Media Council of Kenya, the Communications Authority of Kenya, the National Computer and Cybercrimes Coordination Committee and the Independent Electoral and Boundaries Commission. Along with the Kenyan police and Kenyan courts, these government bodies are the main institutions that monitor harmful speech and enforce any responses to offences. Each legislation applies to different constituents, as reflected in the table below.
The Kenyan Constitution (2010), Penal Code (1970), the National Cohesion and Integration Act (2008), and the Computer Misuse and Cybercrime Act cover everyone in Kenya. The Communications Act focuses on messages shared through broadcasts or telecommunications. The Media Council Act focuses on journalists and media. Finally, the Election Act focuses on political parties, candidates, and leaders involved in elections.