The High Court on Wednesday declared section 84D of Kenya Information and Communication Act (KICA) unconstitutional in a petition filed by blogger Cyprian Nyakundi.
The section criminalized sharing vulgar information online.
The court found that the section is vague and limits freedom of expression.
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Nyakundi sought to have the section repealed after being sued by Kirinyaga Governor Ann Waiguru, Nairobi’s Mike Sonko and Interior CS Fred Matiang’i.
In Matiang’i’s case, the blogger had been arrested for highlighting a story in which he the CS is said to have purchased a house for choir girl.
The charge sheet stated that the blogger posted the tweet on January 23. It was linked to an article by The Standard titled ‘Vocal Minister in illicit affair with choir girl’.
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Matiang’i did however deny having an affair with a church girl and demanded an apology.
Similarly, Nyakundi was in April sued by Kirinyaga governor Anne Waiguru, Nairobi’s Mike Sonko and former Kenya Power Managing Director Ken Tarus for posting derogatory remarks.
In Waiguru and Sonko’s cases, he was charged that he published obscene materials about the governor that could deprave and corrupt the public against them.
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In Tarus’s case, the “Boy Child” defender was accused of peddling rumours against the ex-Kenya Power top chief online.
The post, the police said was likely to cause fear and alarm to the public, yet he knew that the information he posted was false.
The cases were thrown out by DPP Noordin Haji who noted that his offence of misdemeanor and abuse of cyberspace did not necessitate a detention.
“No criminal charges should be registered against the above named individual pursuant to the miscellaneous application without my express approval, ” Haji said in a letter.
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