For Immediate Release
Nairobi, 16 April 2026: On 24 March 2026, the Chief Magistrate’s Court at Nairobi admitted Amnesty International Kenya (AIK) and the Initiative for Strategic Litigation in Africa (ISLA) as joint amici curiae in Kenya Christian Professionals Forum and 2 Others v Kenya Legal and Ethical Issues Network on HIV & AIDS and 2 Others.
The case arises from a defamation claim brought by the Kenya Christian Professionals Forum, Mr Charles Kanjama, and Dr Wahome Ngare against Kenya Legal and Ethical Issues Network on HIV & AIDS, Trust for Indigenous Culture and Health, and Ipas Africa Alliance. The alleged defamatory statements are based on two letters: one addressed to the President of the Law Society of Kenya and another addressed to the Nairobi Club.
At its core, the case concerns the interplay between defamation law and the freedom of expression in the context of human rights advocacy. It presents an opportunity for the court to clarify how the protection of reputation should be weighed against constitutional and international guarantees of freedom of expression, particularly where speech relates to matters of public interest.
The court’s decision is likely to have implications far beyond the immediate parties. It will shape the extent to which human rights defenders, civil society organisations and media practitioners and communities can speak out on issues of public concern without fearing litigation. Where defamation law is applied expansively in response to litigation, there is a real risk that it may be used to deter public discourse, limit civic engagement and weaken democratic accountability. In this sense, the case speaks directly to the protection of civic space in Kenya and raises critical questions about whether the legal system can be used to silence discourse in matters of public interest.
ISLA and AIK’s brief seeks to assist the court in navigating these complex issues by providing a broader human rights perspective. The brief advances three principal submissions: –
- The broader human rights ecosystem and the realities shaping the work of human rights defenders.
- The scope and permissible limitations of the freedom of expression under international and regional human rights law, including the standards of legality, necessity, and proportionality.
- The risks associated with the use of defamation law in ways that may unduly restrict public interest advocacy and civic engagement.
While recognising the legitimate role of defamation law in protecting reputation, ISLA and Amnesty International Kenya emphasise that its application must not undermine the ability to speak on issues of public concern. Where defamation claims are brought in response to advocacy, there is a risk that such litigation may have a chilling effect on human rights work, public participation, and democratic accountability.
The intervention comes at a critical time when human rights defenders increasingly face legal and extra-legal pressures, including strategic litigation, regulatory constraints, and coordinated disinformation campaigns designed to delegitimise their work and restrict civic space.
About the Amici Curiae
ISLA, a pan-African feminist organisation specialising in strategic litigation, and Amnesty International Kenya, a leading human rights organisation with extensive expertise in freedom of expression, bring a combined depth of regional and international experience to the proceedings. Their participation reflects a shared commitment to ensuring that courts are equipped with the necessary tools to adjudicate complex human rights questions in a principled and context-sensitive manner.
ISLA and Amnesty International Kenya reiterate that their participation is made in the public interest and is aimed at supporting the Court in advancing a robust and rights-protective interpretation of the law.
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For more information or enquiries contact:
Sibusisiwe Ndlela
Managing Lawyer, Countering Anti-Rights Actors (ISLA) Email: [email protected]
and
Gaudence Were
Advocate for the Joint amici
Equality and Anti-Discrimination Campaign Officer
Amnesty International Kenya Email: [email protected]