In Summary
  • The petition was filed by blogger Cyprian Nyakundi, who faces several charges after posting obscene information against Kirinyaga Governor Anne Waiguru, last year.

  • The blogger was charged in April 2018 before a Kiambu court. He is also facing similar charges before a Nairobi court, after posting remarks on his Twitter account, against CS Matiang’i.

  • The judge ruled that circulation of ideas should not be restricted and people cannot be prohibited from enjoying their rights. 

A judge has declared a section of the Kenya Information Communication Act, which criminalises publication of obscene information online, 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.

NYAKUNDI VS WAIGURU

The petition was filed by blogger Cyprian Nyakundi, who faces several charges after posting obscene information against Kirinyaga Governor Anne Waiguru, last year.

The blogger was charged in April 2018 before a Kiambu court. He is also facing similar charges before a Nairobi court, after posting remarks on his Twitter account, against Interior CS Fred Matiang’i.

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