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A section of the Penal Code that criminalises the sending of alarming messages has been found to be unconstitutional.
Justice Weldon Korir has ruled that section 66 of the penal code violates the Constitution.
Section 66 criminalised the sending of alarming messages that are likely to cause panic and fear.
It stipulates that, “Any person who publishes any false statement, rumor or report which is likely to cause fear and alarm to the public or to disturb the public peace is guilty of a misdemeanor”
Justice Weldon Korir said the provision is too retrogressive to fit in a democratic country saying that it is difficult for one to express himself or herself without violating the said provision.
The case before court had been filed by Cyprian Nyakundi.
He sued the DPP and DCI.
He filed the case after being charged with sending an alarming publication on his Twitter handle on April 11, 2018.
Nyakundi is said to have published a false rumour concerning Kenya Power, linking it to looting.
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