“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
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