This archive report was first published on 1 August 2019.
On August 1, 2019, the High Court of Kenya delivered a landmark ruling, declaring section 84d of the Kenya Information and Communication Act (KICA) unconstitutional.
The ruling came in response to a petition filed by Cyprian Nyakundi, a Kenyan blogger, who had been charged with publishing obscene information about Interior Cabinet Secretary Fred Matiang'i, Nairobi Governor Mike Sonko, and Kirinyaga Governor Anne Waiguru on social media.
Justice Wilfrida Okwany noted that section 84d, which criminalized sharing obscene information electronically, was too broad and vague, making it difficult for accused persons to defend themselves.
The judge further ruled that the section was in conflict with Article 33 of the Constitution, which guarantees freedom of expression, and Article 25, which ensures the right to a fair trial.
According to the KICA, section 84d states: "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 Sh200,000, or imprisonment for a term not exceeding two years, or both."
