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Court nullifies law on incitement in the Communications Act

Milimani Law Courts in Nairobi.

NAIROBI, Kenya, Jul 31 – The High Court has declared a section of the Kenya Information Communication Act (KICA) that prohibits sharing of information that could lead to incitement null and void.

In her ruling, Justice Winfridah Okwany stated that Section 84 (d) of the Act limits the freedom of expression.
Okwany observed that it is only through criticism that leaders and other members of the society will know that their actions are not accepted.

The judgement arose from an application filled by blogger Cyprian Nyakundi who had been charged at the Milimani and Kiambu law courts for publishing obscene information on the internet.

Nyakundi was charged under the section for publishing offensive words through his Twitter and Facebook accounts.
Justice Okwany stated that the section cannot supersede the constitution which expressly protects the freedom of expression, its vague and invalid.

She pointed out that the enforcement of the same is unconstitutional and a violation of his rights.
The Act was introduced by the government in 2009 to control information that could lead to incitement.

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