Kenyan bloggers are a happy lot after a High Court ruling clamped a rule that has been restricting them from writing freely on the internet.
Justice Mumbi Ngugi on Tuesday stated that Section 29 of Kenya Information and Communications Act cap 411 was unconstitutional.
The section states that: “A person who by means of a licensed telecommunication system-sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both".
Judge Ngugi made the ruling after blogger Geoffrey Andare challenged the powers of police to prosecute individuals over the offence.
"If the intention was to protect the reputation of others, then there are clear provisions in the law of libel. I, therefore, come to the conclusion that section 29 of Kica cannot stand," Judge Ngugi stated.
The decision was celebrated by Kenyan bloggers who have found themselves on the wrong side of the law and charged with misuse of telecommunication gadgets.
Bloggers have been on record using Social Media as a medium to criticise the Government and highlight some of the vices in the country, that mainstream media would rather not highlight because of editorial policies and other interests.
Last week, a blogger identified as Peter Ekisa was ordered by the Court to pay Teso North MP a whopping Sh5 Million after he circulated messages stating that he (Odera) had been misusing Uwezo Fund resources.
Read Also: Kenyan Blogger Ordered to Pay MP Sh5 Million
Judge Mumbi was transferred from the Constitutional and Human Rights Division in Nairobi to head the Kericho High Court.
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