High Court Decriminalizes Sharing Vulgar Information Online In Petition Filed By Blogger Nyakundi

nyakundi, vulgar information
Blogger Cyprian Nyakundi. [Courtesy]

The High Court on Wednesday declared section 84D of Kenya Information and Communication Act (KICA) unconstitutional in a petition filed by blogger Cyprian Nyakundi.

The section criminalized sharing vulgar information online.

The court found that the section is vague and limits freedom of expression.

Read: Waititu Off To Industrial Area Prison, Wife At Lang’ata After Failing To Post Bail On Time

Nyakundi sought to have the section repealed after being sued by Kirinyaga Governor Ann Waiguru, Nairobi’s Mike Sonko and Interior CS Fred Matiang’i.

In Matiang’i’s case, the blogger had been arrested for highlighting a story in which he the CS is said to have purchased a house for choir girl.

The charge sheet stated that the blogger posted the tweet on January 23. It was linked to an article by The Standard titled ‘Vocal Minister in illicit affair with choir girl’.

Read Also: KOT Pressure Netherlands Envoy To Kenya To Delete Tweet On Gay Sex Ruling

Matiang’i did however deny having an affair with a church girl and demanded an apology.

Similarly, Nyakundi was in April sued by Kirinyaga governor Anne Waiguru, Nairobi’s Mike Sonko and former Kenya Power Managing Director Ken Tarus for posting derogatory remarks.

In Waiguru and Sonko’s cases, he was charged that he published obscene materials about the governor that could deprave and corrupt the public against them.

Read Also: Kiambu Judge In Assa Nyakundi’s Case Recuses Herself Ahead Of Hearing

In Tarus’s case, the “Boy Child” defender was accused of peddling rumours against the ex-Kenya Power top chief online.

The post, the police said was likely to cause fear and alarm to the public, yet he knew that the information he posted was false.

The cases were thrown out by DPP Noordin Haji who noted that his offence of misdemeanor and abuse of cyberspace did not necessitate a detention.

“No criminal charges should be registered against the above named individual pursuant to the miscellaneous application without my express approval, ” Haji said in a letter.

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Written by Eva Nyambura

Content creator at | Passionate about telling the untold story. Lover of life, music and technology. Simplicity is KEY


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