Blogger Cyprian Nyakundi on Wednesday registered an important court victory against Kirinyaga Governor Ann Waiguru band Interior Cabinet Secretary Dr Fred Matiang'i.
A judge declared a section in Kenya Information and Communication Act, which restricts people from sharing obscene information, unconstitutional.
Justice Wilfrida Okwany ruled Wednesday that Section 84 (D) of the act is vague and broad, making it difficult for an accused person to defend themselves.
She further said the section was against Article 33 on Freedom expression and Article 25 (C) on the right to fair trial. The judge said a law, which creates an offence should not be vague as it should enable an accused person to defend themselves.
The said Section reads, “any person who publishes or transmits or causes to be published in electronic form, any material which is lascivious or appeals to the prurient interest and its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied therein, shall on conviction be liable to a fine not exceeding Sh200,000, or imprisonment for a term not exceeding two years, or both”.
The celebrated blogger was sued by Waiguru for allegedly publishing obscene information about her and the two are currently in court. Mr Nyakundi is facing a similar suit against Dr Matiang'i.
And the ruling now gives him a lifeline, with Dr Matiang'i and Governor Waiguru likely now to lose the cases against him. He has been at loggerheads with the two leaders.
The judge said nobody can limit people from expressing themselves freely, adding that the section contravenes the rights and freedoms bill of the Kenyan constitution.