Kenya: INCLO members condemn corporate intimidation and government inaction in protecting journalists and civil society organizations
Solidarity statement: December 20, 2024
We stand with the Kenya Human Rights Commission (KHRC) and support their demands for the state to protect and support civil society while urging private companies to respect the role of human rights defenders. We call on Safaricom to cease harassment of our colleagues and address allegations of leaking private data to the police. Additionally, its parent company Vodafone and Neural Technologies Ltd, also involved in the illegal data transfers reported by local media, must provide explanations. We urge the Kenyan government to investigate these claims promptly and thoroughly.
Agora (Russia), the Canadian Civil Liberties Association (CCLA), Centro de Estudios Legales y Sociales (CELS – Argentina), Dejusticia (Colombia), the Egyptian Initiative for Personal Rights (EIPR), the Human Rights Law Centre (HRLC- Australia), KontraS (Indonesia), the Irish Council for Civil Liberties (ICCL – Ireland), members of the International Network for Civil Liberties Organizations (INCLO), strongly condemn Safaricom’s retaliatory actions against journalists and civil society organizations in Kenya, including our fellow member KHRC, as well as Safaricom’s ongoing refusal to properly address grave allegations of aiding human rights abuses.
These tactics, including strategic litigation against public participation (SLAPP) threats and a vexatious complaint by Safaricom filed with the Media Council of Kenya, represent a troubling attack on civil liberties, freedom of expression, and corporate accountability. We join our voice to Reporters Without Borders in demanding the respect of investigative journalism in Kenya and call for the protection of civil society organizations.
Background
Kenya’s Daily Nation reported how Safaricom allegedly shares customers’ data with security agencies. The report noted that, in some instances, this aided the tracking of possible criminal suspects, while violating innocent users’ right to privacy. The Kenyan human rights society is concerned that some of these operations may have resulted in disappearances, renditions, and extrajudicial killings.
A statement by the Civic Freedoms Forum (CFF) noted that Safaricom retaliated by issuing SLAPP threats to Nation Media Group, its journalists, and two civil society organizations: the Kenya Human Rights Commission (KHRC) and Muslims for Human Rights (MUHURI).
Safaricom’s use of SLAPP threats reflects an alarming strategy to silence critical voices. Rather than addressing the disturbing claims of aiding policing operations, Safaricom has opted to stifle public interest journalism. This form of corporate intimidation undermines democratic principles and the right to hold powerful entities accountable.
Attacks on the press and civil society
In addition to legal threats, Safaricom’s complaint to the Media Council of Kenya against the Nation and its journalists constitutes a vexatious misuse of regulatory mechanisms. Such tactics are aimed at delegitimizing investigative reporting and creating a chilling effect on media freedom in Kenya. The undersigned INCLO members recognize this as a calculated attempt to divert attention from critical allegations and shield Safaricom from scrutiny.
Despite mounting evidence, Safaricom, its parent company Vodafone, and Neural Technologies Ltd have failed to provide a substantive response to allegations of enabling police operations through unlawful data sharing. This silence is as troubling as the allegations themselves. We call on all implicated parties to issue a transparent and public response, investigate these claims, and commit to ethical business practices that respect human rights.
Safaricom’s actions are emblematic of the broader challenge posed by corporate influence over democratic processes and civil liberties. A robust, pluralist, independent media is critical to ensure the free flow of information, foster transparency and accountability of government and private actors, and serve as a civic forum for public debate and exchange. SLAPP threats and misuse of regulatory mechanisms are direct assaults on the foundational freedoms of freedom of expression and access to information that INCLO works to protect.
INCLO members support the KHRC’s demands:
- Neural Technologies Ltd must clarify its role in the allegations and commit to ethical practices that respect data privacy and human rights.
- The Kenyan Government and regulatory bodies must ensure that media freedom and civil liberties are protected from corporate intimidation.
- Safaricom must immediately cease its attacks on the Nation and its journalists, KHRC, and MUHURI. The company must publicly address the allegations of its complicity in rights abuses.
- Vodafone Group must take responsibility for the actions of its subsidiary, ensure accountability, and conduct a transparent investigation into the reported misconduct.