Social media platforms, especially X, are awash with news of the passing on of Dagoreti North MP Beatrice Elachi’s son and the disappearance of a Kenyan police officer in Haiti.
While leaders continue to condole with the grieving family, many ordinary Kenyans are posting comments that lack empathy and sympathy.
Haiti on Wednesday trended at number one after the National Police Service (NPS) reported that a Kenyan officer had gone missing, prompting a search and rescue operation.
Moments later, disturbing videos and photos of the alleged deceased officer began circulating online, raising the questions: what has happened to our sense of humanity?
Why would someone share such gory content? Does anyone consider the impact on the victims’ families? Have our societal values been eroded to the point of normalising death?
We have previously seen relatives of bereaved high-profile families express outrage at this growing trend.
When did the rain start beating us? Leah Kagai, a psychological counselor, is not surprised by the emerging trend. She explains that Kenyans have become increasingly self-centered, with many feeling that anything that pleases them, whether good or bad, is acceptable.
She argues that Kenyans have been pushed to the wall by the deprivation of their rights, unresolved issues, and broken relationships—all of which have led to widespread frustration.
“We are social beings, and our leaders have been reckless with their remarks that lack emotional maturity. What do you expect? Many will care less when bad things happen to them,” she says, urging leaders to take the lead and change their attitude towards Kenyans.
She reflects on the Gen Z protests and the lives lost, pointing out that many people are harboring bitterness due to the conduct of some leaders who treated the fatalities as mere numbers.
While calling for the enforcement of laws on social media use, Mrs. Kagai expresses concern about the impact of such actions and the eventual psychological trauma they cause.
“People’s emotions are down. What we are seeing is a topdog vs. underdog war. This is lethal,” she adds.
The law is clear
Susan Mute, an advocate of the High Court of Kenya, says the laws on privacy, cybercrime, and dignity of the deceased are clear.
She says the key principal law is under Article 31 of the Kenyan Constitution 2010 that guarantees the right to privacy, article 33(3) of COK that states the need to respect the rights and reputation of others while exercising the freedom of expression.
There is also the Data Protection Act 2019, which regulates the processing of personal data, individuals and right to inherent dignity under Article 28 and the MCK Code of Conduct vide section 2,0 which discourages the use of pictures that cause grief and disaster.
Additionally, Section 30 of the National Police Service Act protects officers’ dignity, and such actions could also fall under the law on defamation or misuse of personal data under the Data Protection Act, 2019
Weldon Korir, a defense and international security consultant, warns that under the Computer Misuse and Cybercrimes Act, 2018, unauthorized distribution of distressing content can lead to arrest and prosecution.
Additionally, he says Section 30 of the National Police Service Act protects officers’ dignity, and such actions could also fall under defamation or misuse of personal data under the Data Protection Act, 2019.
Korir is now calling for the arrest of all those culpable.
“Sharing images or information about a deceased police officer without the family’s knowledge, especially for political mileage, violates Kenyan laws on privacy, cybercrime, and dignity of the deceased”, he adds.
