For a long time, people have been arrested for defamation via social media but soon judgement will be passed on what is wrong on social media and what is not.
The social media abuse all falls under section 29 of the Kenya Information and Communication Act (KICA), a law that creates the offense of misuse of licensed telecommunication devices.
Geoffrey Andare filed a constitutional petition at the High Court challenging the constitutionality of section 29 of the KICA Act in 2015. Andare was arrested in April 2015 for posting a message on Facebook that reprimanded an agency official for allegedly sexually exploiting young girls in exchange for scholarships. According to the petitioners, people get arrested and released mysteriously without their cases progressing. They said that prominent people are using the law mainly for intimidation purposes.
High court judge Mumbi Ngugi ruled that section 29 of the KICA law is unconstitutional, She, however, said that DPP, Keriako Tobiko will determine whether he will proceed with the case of the petitioner or not.
Under section 29 of the KICA, a person who by means of a licensed telecommunication system sends a message that he or she knows that is false for the purpose of causing annoyance or anxiety to another person shall be liable on conviction to a fine not exceeding sh50 or imprisonment for a term of 3 months.