Silencing Expression: Growing Trends of Getting Slapped

Introduction

Citizens require a conducive environment to meaningfully participate within their political, social, cultural or economic spaces. Such an environment is vital for open, inclusive and accountable expression of views and engagements between fellow citizens and with institutions of governance. A conducive civic space is one that allows citizens, including media actors, to “freely express themselves and access information” that addresses their concerns, as enshrined in Articles 33, 34 and 35 of the 2010 Constitution of Kenya.

However, Kenyan’s freedoms suffer from constraint due to repressive laws and restrictions by various actors. Actors ranging from large companies and corporates to individuals in positions of power and influence who utilize legal action suits as their primary tool of choice in their battle against public expression.

SLAPP Suits

“SLAPP” is an abbreviation that stands for Strategic Litigation Against Public Participation. It is defined as a civil complaint or counterclaim (for monetary damages and injunction), filed against non-governmental Organisations, individuals and/ or groups, because of their communications on a government body, official, or individual to the electorate, on an issue of some public interest or concern. SLAPP suits mostly manifest themselves in the form of “defamation suits” but can also be criminal or civil suits disguised as a protective measure of individual rights. According to a UNESCO report[1], SLAPP suits exploit the judicial system to attack the freedom of expression¹ and freedom of the media

The suits are majorly targeted towards media professionals, whistleblowers, bloggers and public-spirited individuals, to silence and intimidate them. Perpetrators are mostly powerful actors such as state corporations, businessmen and politicians, aiming to cover up abuse of power in the offices they hold. In Mzalendo Trust’s report on the “Effect of SLAPP on Freedom of Expression and Citizen Participation[2]” In a report done by Mzalendo Trust, 72 out of 150 respondents cited “defamation” as the main consideration for the suit, 54 others cited “false accusation” while 37 respondents cited “professional misconduct”.

Effect of SLAPP Suits

SLAPP suits have intense ramifications, including heavy monetary damages ranging from Kes. 400,000 to Kes. 5,000,000, to emotional and sexual abuse, especially among women. According to a key informant in Mzalendo Trust’s study, who shared a story concerning a public-spirited individual in the North-Western region, they stated, “She exposed corruption in her county for the year 2022/2023. The following day after her exposé, elders visited her parents and threatened to send men to rape her.”  Other victims express how SLAPP suits have negatively impacted their lives, for example, panic and anxiety attacks resulting from uncertainty of legal outcomes, loss of employment, as well as financial turmoil associated with managing SLAPP suits.

Recognition of SLAPP

During this year’s commemoration of “World Press Freedom Day” convened by the Kenya Correspondents Association (KCA), and other civil society and media actors (Editors Guild, Katiba Institute, Media Lawyers Association of Kenya, Kenya Union of Journalists, Civic Freedom Forums and Transparency International) lauded increased efforts towards mitigating SLAPP suits by advocating that more victims of such suits, especially women, should speak out and receive support.

Hon. Victoria Zilla, an MCA from Kakamega during her visit to Mzalendo Trust, recently shared her experience of being suspended from the County Assembly after demanding transparency and accountability for public funds. She stated, "I was SLAPPed by the County Assembly because of demanding for transparency and accountability of public funds. I was duly suspended from the Assembly as a way of silencing and crippling me." During her suspension, she challenged the decision in court, which ruled in her favour, though she has yet to receive official acknowledgment or her owed dues. In response, Hon. Zilla has since established a Caucus of Human Rights and Good Governance, comprising 15 MCAs and a secretariat, to advocate for such issues.

Gradual Media Reforms

The Media Council of Kenya (MCK) recently unveiled the updated Code of Conduct for Media Practice 2025, marking a significant move towards enhancing ethical journalism in the digital age. The revision aims to address contemporary media challenges and safeguard public interest, especially amid rising concerns around misinformation, harmful content, and the impact of emerging technologies. The Code was officially launched by Hon. William Kabogo the Cabinet Secretary for Information, Communications, and the Digital Economy, during the Annual Media Summit. 

MCK Chief Executive Officer, Mr. David Omwoyo commended the updated Code, describing it as a timely and robust response to the complexities of modern journalism. “The new Code is a comprehensive guide that prioritizes the protection of children, survivors of sexual abuse, and vulnerable populations.” The revised Code also takes a firm stance against hate speech, incitement based on religion or ethnicity, and other forms of harmful content, calling on journalists to uphold credibility and accountability[1]. This signals commitment to fostering a responsible and professional media ecosystem one that promotes national values, upholds public trust, and protects the democratic space without compromising press freedom. On the other side of the coin, does the code address the issue of SLAPP or does it provide another piece of legislation that can be manipulated into the generation of a SLAPP suit? Similar to the Computer Misuse and Cybercrimes act of 2018, a commonly referenced law during these cases.

Conclusion

The increasing threat of SLAPP suits (Strategic Lawsuits Against Public Participation) demands a unified effort to protect freedom of expression. It's crucial for citizens, journalists, and human rights defenders to collectively amplify the stories of SLAPP victims and advocate for robust Anti-SLAPP legislation that prevents these baseless lawsuits. Furthermore, Parliament, the Judiciary, and other key actors must collaborate with civil society, the media, and concerned individuals and institutions. This multi-stakeholder partnership is essential to safeguard transparency, protect civic space, and build public trust in accountability processes.

Posted by Jimmy Gitonga on June 26, 2025

Categories:  suits   #SLAPP