Law as weapon: A study of criminal justice suppression of Civic Space in the East Africa Community
by admin on | 2025-07-02 05:31:07 Last Updated by admin on 2025-07-03 09:16:15
Share: Facebook | Twitter | Whatsapp | Linkedin Visits: 21
In the recent past and also in the present, there has been an increasing concern over the reaction of governments to dissenting voices and opposition. Governments throughout the East African Community (EAC) have increasingly utilized the criminal justice system to suppress their critics, a subtle shift from open authoritarianism. This mechanism has popularly been known as “lawfare,” where states manipulate legal systems such as criminal procedures, law suits and even international law to achieve a political advantage.1 In the long run, this weakens justice institutions such as the courts, and produces a chilling effect on dissenters who would keep silence to avoid the dire ramifications of expressing their opinions. This paper conducts an analysis of the various legislations within the EAC that have been used by governments from Uganda, Tanzania and Kenya to arrest, prosecute and detain activists, opposition leaders and dissenters. Statutes like Computer Misuse Act (2011) of Uganda have used vague and broad terms to criminalize mere criticism, while the Penal Code, the Criminal Procedure Act, and the Cybercrimes Act of Tanzania have been employed in the arrest, detention and prosecution of opposition leaders. The Kenya’s Public Order Act offers an unconstitutional and unjustifiable limitation of the freedom of assembly and expression. This presents the state of the rule of law within the EAC as a matter of grave concern. The analysis is supplied with case examples of Dr. Stella Nyanzi v Uganda, Republic v Tundu Lissu, and Law Society of Kenya v Attorney General & another, to demonstrate how these legislations are manipulated, and identify procedural irregularities and human rights concern. In the finality, this paper contributes insights into the ongoing conversation on the state of the rule of...Read more
