Win for Bloggers as Justice Mumbi Ngugi Declares “Misuse of a Licensed Communication Device” Law Unconstitutional

April 20, 2016

mumbiIt was a huge victory for the country as High Court Judge Justice Mumbi Ngugi declared the law that has been used by politicians and gods who own this country to harass Kenyans on Twitter, Facebook and Whatsapp unconstitutional.
“Improper use of a licensed telecommunication system” and “Misuse of a licensed communication device” have become dreaded phrases that appear too often on charge sheets.
Ordinary Kenyans on social media, nowadays collectively referred to as bloggers, have been forced to put their freedom of speech in check, otherwise they’ll have no freedom after speech.
Tens of Facebook users have been arraigned in court after leaving unpleasant or critical comments on their Governors’ walls or distributing certain messages on Whatsapp.
Some of the charge sheets have been bordering nonsense like this one.
Judge Mumbi Ngugi on Tuesday declared Section 29 of the Kenya Information and Communications Act unconstitutional saying it was too broad, vague and that it violated certain provisions of the constitution.
The Director of Public Prosecutions and the Attorney General had argued that the law was intended to protect the reputation of others, but the judge disagreed.
“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,” she said.
Justice Mumbi’s ruling came just hours after she was moved to Kericho.

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