Court declares law ‘punishing’ bloggers unconstitutional

The High Court has declared Section 29B of the Kenya Information and Constitution Act unconstitutional.

The Section states that: “A person who by means of a licensed telecommunication system 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.”

According to Lady Justice Mumbi Ngugi, the provision contravenes Article 33 of the Constitution on freedom of expression.

“If the intention is to protect the right of others then there are laws that are applicable,” she said.

The ruling was made after a blogger, Geoffrey Andare, moved to court challenging the powers of police to prosecute him over claims of misuse of a licensed telecommunication device.