A law previously used to arrest bloggers, particularly political ones, has been ruled unconstitutional.
According to The Star, the law, quoted as “misuse of a telecommunication gadget”, was announced by Justice Mumbi Ngugi after blogger Geoffrey Andare went to court to challenge the application of the law to charge bloggers.
That, then means the government may no longer prosecute bloggers using the said law, if they post “unfavourable” information online.
The law states that “it is an offence to use any licensed telecommunication system, such as a mobile phone or a computer, to send a message or other information that is grossly offensive, indecent, obscene or menacing”.
Several bloggers who have posted stories and information online especially about politicians have faced arrest lately, with the particular law being quoted by police to prosecute them. Blogger Robert Alai and Allan Wadi have been arrested several times in the past and considered endangered.
In March, a 23-year-old blogger identified as Martha Wanjiru was arrested after being accused of insulting Nyeri Governor Nderitu Gachagua’s brother when she posted on social media that he was ‘misappropriating county funds’
She also accused the county spokesman of abuse of office and ‘failing exams’ at the university.
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kenyapoa 