SLAPP suits are a silent threat to Kenya's public discourse

June 17, 2025

Strategic litigation against public participation (SLAPP) suits are increasingly being used by powerful entities in Kenya to silence journalists, activists, and bloggers investigating corruption and abuse of power, according to findings presented at a recent Commonwealth Foundation-supported webinar by Mzalendo Trust. The alarming trend was tragically highlighted by the June 2025 death of blogger Albert Ojwang in police custody, after he was arrested for a social media post critical of a senior police official. An autopsy contradicted the police claim that Ojwang injured himself, instead revealing evidence of strangulation and assault, illustrating the extreme dangers faced by those who speak out in Kenya.

Who is affected

Journalists, activists, bloggers, and digital influencers in Kenya
Albert Ojwang, a blogger and teacher who died in police custody
Media houses and individuals investigating corruption and abuse of power
Citizens who rely on transparent information about governance
Whistleblowers and those engaging in public discourse on sensitive issues

What action is being taken

Mzalendo Trust is conducting research and advocacy on SLAPP suits, including a comprehensive study revealing the extent of legal threats
The Commonwealth Foundation is supporting webinars to raise awareness about SLAPP suits
The Independent Police Oversight Authority (IPOA) is investigating Albert Ojwang's death
The Officer Commanding Station at Nairobi Central Police and all officers on duty during Ojwang's death have been suspended
Kenyans are protesting and demanding justice for Albert Ojwang

Why it matters

SLAPP suits threaten Kenya's democratic fabric by silencing crucial voices that promote transparency and accountability
The tactics can escalate from legal intimidation to physical danger and death, as evidenced by Ojwang's case
The prevalence of these tactics (affecting 94 percent of respondents in sensitive investigations) creates a chilling effect on public discourse
Without protection for freedom of expression, corruption can thrive unchecked
The case of Albert Ojwang represents a critical test of accountability within Kenya's law enforcement

What's next

Mzalendo Trust plans to build capacity among journalists and activists to respond to legal threats
The organization aims to create robust support networks for those facing intimidation
Mzalendo is advocating for immediate legislative reforms to close loopholes exploited in vexatious litigation
The Trust is working to influence policy through strategic engagement with all levels of government
The organization is pressing for stronger protections for whistleblowers and clearer guidelines for police conduct

Read full article from source: Global Voices