The Kenya National Civil Society Centre (KNCSC) has cautioned President William Ruto’s administration against banning the  use of TikTok and other social media playforms by civil servants on claims of possible breach of Kenya’s data protection requirements.

On March 21, Interior Cabinet Secretary Kithure Kindiki told the Public Petitions Committee of the National Assembly that the government was contemplating banning public servants and people of certain ages from TikTok.

 According to KNCSC such extreme and sweeping measure is unnecessary because there are less restrictive means of addressing any potential risk to national security without violating the rights and fundamental freedoms of those who may be affected by a drastic ban of the kind the government is contemplating.

Besides, such a move would be unconstitutional and KNCSC would move to court to challenge it.

 Provisions of the Constitution of Kenya on limitation of rights state that “a right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom”.

Popular platform

 “TikTok and other social media platforms that have become increasingly popular with Kenyans, including those working in the public service are authentic platforms for the virtual exercise of the rights to freedoms of expression, association, artistic creativity that are all guaranteed under the Bill of Rights.

“As a matter of fact, the Constitution only contemplates limitations that may be imposed in the exercise of some of these rights with respect to persons serving in the Kenya Defence Forces (KDF), the National Police Service (NPS) and arrested persons,” the statement signed by Suba Churchill states.

Such limitations can only be imposed by legislation, and are limited to the right to privacy; freedom of association; assembly, demonstration, picketing and petition; labour relations; economic and social rights, the lobby group says.

Separately in Nairobi, Bunge la Mwananchi president Francis Awino has criticised the government’s threat to restrict the use of popular Chinese social media platform TikTok by government officials.

Awino contends that such a move would directly infringe upon the fundamental rights guaranteed by the Bill of Rights, particularly the freedom of expression.

“This decision is deeply concerning and goes against the principles of our Constitution, which gives people the right to freedom of expression for all citizens,” Awino told People Daily.

He further emphasised that government officials are temporarily in office, and that they have lives beyond their official duties and should not be unduly restricted in their personal online activities,

Owino was addressing the media and Bunge La Wananchi Members at Jeevanjee Gardens in Nairobi over weekend.

Personal lives

“Government officials are not permanent fixtures; they are there today but will be replaced tomorrow. They too are entitled to personal lives outside the confines of government work,” Awino added.

Moreover, Awino argued that existing regulations on social media platforms are sufficient to ensure responsible usage by government officials.

He asserted that officials are capable of exercising discretion and refraining from sharing sensitive government information on such platforms.

“It’s important to recognize that all social media platforms already have measures in place to regulate content. Government officials, being of sound mind, are fully capable of discerning what information is appropriate for sharing and what should remain confidential,” Awino reasoned.

Awino’s remarks come in response to the recent announcement by the Interior Ministry regarding the intention to curtail TikTok usage among government personnel.

Sensitive data

The Ministry cited concerns over the protection of sensitive data and the security of Kenyan citizens as the rationale behind the decision.

Interior Cabinet Secretary Kithure Kindiki told Parliament the National Security Council (NSC) is currently dealing with the threats posed by social media platforms including TikTok.

“We are currently dealing with this matter of TikTok as the NSC. As you know, the Interior Ministry coordinates cyber security programmes on behalf of the country,” Kindiki said.

“We as the National Police Service (NPS) and the National Intelligence Service (NIS) are working with the Ministry of Defence and that of ICT to guard our cyberspace from internal and external threats.”

Kindiki told the National Assembly’s Public Petitions committee that the NSC is toying with the idea of whether or not to ban public officials from using TikTok to protect sensitive data. He said whereas there is no policy on the use of social media platforms such as TikTok by public officials, the NSC is handling the matter with a view of limiting its use.