Kenya decriminalises sharing of obscene content

The Nairobi High Court has declared that section 84D of Kenya Information and Communication Act (KICA) – a legal provision that criminalised the sharing of vulgar information – is unconstitutional.

The decision comes following a petition by a blogger who was facing prosecution for tweeting about Kirinyaga Governor Anne Waiguru, calling her, among other things, a commercial sex worker.

Had the blogger been found guilty, he would have had to pay a fine of up to Ksh 200 000, serve up to two years in prison, or both.

The Kenyan High Court has in the recent past declared several criminal laws made prior to the 2010 Constitution null. These include criminal defamation, disrespecting the authority of a public officer, and misuse of a licensed communications system.