“It is difficult to imagine a guaranteed right more important to a democratic society than freedom of expression. Indeed a democracy cannot exist without that freedom to express new ideas and to put forward opinions about the functioning of public institutions. The concept of free and inhibited speech permeates all truly democratic societies and institutions. The vital importance of the concept cannot be over emphasized.” 79. We adopt the above holdings and findings and all the others cited by the Applicant and Amici but closer home, in the case of Cord vs. the Republic of Kenya and Others H.C. Petition No.628 of 2014, the High Court of Kenya as a Constitutional bench of 5 Judges stated as follows on the rights to a free media and freedom of expression:“It may be asked: why is it necessary to protect freedom of expression, and by extension, freedom of the media? In General Comment No.34 (CCPR/C/GC/34) on the provisions of Article 19 of the ICCPR, the United Nations Human Rights Committee emphasises the close inter-linkage between the right to freedom of expression and the enjoyment of other rights. It observes at Paragraphs 2 and 3 as follows: 2. Freedom of opinion and freedom of expression are indispensable conditions for the full development of the person. They are essential for any society. They constitute the foundation stone for every free and democratic society. The two freedoms are closely related, with freedom of expression providing the vehicle for the exchange and development of opinions. 3. Freedom of expression is a necessary condition for the realization of the principles of transparency and Reference No. 5 of 2013 Page 29

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