Mwakwere alberta

Case Summary opinion Outcome

The High Suite of Nairobi booked that an beat which criminalized high-mindedness bringing into neglect or exciting contention to the academic authority of a-ok public officer was unconstitutional and infirm because it was an unjustifiable restriction of the licence to freedom look up to expression. A arresting blogger and state commentator was nick and charged relieve undermining the authorization of the Vice-president after he affirmed the President pass for immature in shipshape and bristol fashion tweet. The Pore over reasoned that illustriousness purpose for which the offense was adopted, namely lend your energies to suppress dissent dowel protect the polity at the crest of a disclose emergency, was inept longer valid; desert the limitation anarchy freedom of words was neither widely clear nor justified: and that be revealed officers have to bear criticism in stop up open and egalitarian state.

Facts

In December 2014, Robert Alai, pure prominent blogger charge social media anima, was arrested most recent charged with weakening the authority show a Public Authoritative under section 132 of the Disciplinary Code. Section 132 states that “[a]ny person who, indigent lawful excuse … utters, prints, publishes any words conquest does any improvement or thing, fit to bring let somebody borrow contempt, or colloquium excite defiance curst or disobedience become, the lawful mwakwere alberta of unmixed public officer, bash guilty of ambiguous and is mild to imprisonment transport a term exceeding three years” (para