The High court sitting in Nairobi has declared section 84 (d) of the Keya Information Communication Act that prohibits publishing of information in electronic media that could lead to incitement as unconstitutional.
In a ruling on Wednesday, High Court Judge Wilfrida Okwani said that section 84 (d) of the Act is vague.
Justice Okwani ruled that enforcement of the section is unconstitutional and a violation of human rights.
According to Citizen Digital, the Judge noted that circulation of ideas should not be prohibited, stating that it is only through criticism that leaders get to understand that their actions are inappropriate.
“I find that section 84(d) violates the constitution and is invalid,” the court declared, adding that the new 2010 Constitution gave the people of Kenya freedom of expression,” she ruled as quoted by Citizen Digital.
Section 84(d) stipulates that ‘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 two hundred thousand shillings or imprisonment for a term not exceeding two years, or both.’
The Act was introduced in 2009 by the Government to control sharing of information on social media that could trigger and lead to incitement and violence.
According to Citizen Digital, the Judge ruling was in relation to a case filed renowned blogger Cyprian Nyakundi who challenged the Act after he was allegedly charged for posting derogatory remarks against Kirinyaga Governor Anne Waiguru and Nairobi Governor Mike Sonko.