Judge Mumbi Ngugi delivering the ruling

Judge Mumbi Ngugi has declared Section 29 of the Kenya Information and Communication (KICA) Act 2009,popularly known as the KICA Act 29, as unconstitutional. She declared that “Section 29 of the Kenya Information and Communication Act cannot stand”

The judge declared the law unconstitutional in a case filed by Geoffrey Andare and Article19 who challenged the constitutionality of the law.

[Also read:Geoffrey Andare challenges constitutionality of KICA Act 29]

Bloggers and Internet users in Kenya will breath a sigh of relief as the law has been used to target and intimidate them.

The specific law reads as follows:

29. A person who by means of a licensed telecommunication

(a) sends a message or other matter that is grossly offensive or
of an indecent, obscene or menacing character; or
(b) 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.