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Justice Mumbi Ngugi declares section 29(b) of the KICA Act unconstitutional
Lady Justice Mumbi Ngugi has today declared section 29 (b) of the Kenya Information and Communication Act unconstitutional. Section 29(b)…
Lady Justice Mumbi Ngugi has today declared section 29 (b) of the Kenya Information and Communication Act unconstitutional.
Section 29(b) states that a person who by means of a licenced 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 shilliongs or to imprisonment for a term not exceeding three months or to both.
The move comes after a man was fined 5 Million Kenya shillings, over allegations of abusing a member of parliament via Facebook. The man posted via his Facebook account that the MP was misusing Uwezo funds in his constituency, for which the MP sought redress.
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In delivering of the ruling, the Court relied on the controversial Section 29 of the Kenya Information Communication Act. The act has also been used to arrest and charge 15 individuals in Kenya between January and March 2016.
Judge Mumbi declared the law unconstitutional as it doesn’t meet the criteria set in Article 24 of the constitution which provides instances when rights can be limited.
“If the intention was to protect the reputation of others, then there are clear provisions in the law of Libel. I therefore come to the conclusion that section 29 cannot stand,” Justice Ngugi.
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She also said that the law was too broad and vague and it had violated some of provision of the constitution.
The news was received by mixed reactions by the Social Media fraternity making Justice Mumbi Ngugi trend within an hour of passing the judgement. However, minutes later Justice Mumbi Ngugi has been moved from the Constitutional and Human Rights Division to the High Court in Kericho following a re-shuffle that has seen over 105 judges moved.
The reshuffle has also seen the creation of a new High Court in Kiambu which will be headed by Justice Joel Ngugi who was the head of the Judiciary Training Institute.