Sharp Daily
No Result
View All Result
Saturday, June 27, 2026
  • Home
  • News
    • Politics
  • Business
    • Banking
  • Investments
  • Technology
  • Startups
  • Real Estate
  • Features
  • Appointments
  • About Us
    • Meet The Team
Sharp Daily
  • Home
  • News
    • Politics
  • Business
    • Banking
  • Investments
  • Technology
  • Startups
  • Real Estate
  • Features
  • Appointments
  • About Us
    • Meet The Team
No Result
View All Result
Sharp Daily
No Result
View All Result
Home News

High court abolishes subversion crime, renders it unconstitutional

Faith Chandianya by Faith Chandianya
March 19, 2024
in News
Reading Time: 1 min read

The Kenyan High Court in a recent ruling, has struck down section 77(1) and 3 of the penal code, effectively abolishing the crime of subversion.

Justice Samwel Mohochi declared that these sections of the penal code, inherited from the colonial era, unjustly curtailed freedom of expression by ambiguously defining the offense of subversion.

Petitioners, including the Katiba Institute, Law Society of Kenya, and Article 19, contended that these provisions unduly restricted freedom of expression by criminalizing individuals who expressed dissenting views with a perceived “subversive intention.”

Justice Mohochi criticized the vague and overbroad nature of the law, noting that it failed to clearly define subversion and instead imposed restrictions on various forms of expression.

RELATEDPOSTS

Safaricom asks court not to block government share sale, calls process legal and transparent

March 24, 2026

What the High Court backing for KRA use of bank deposits to assess income means for businesses in Kenya

February 5, 2026

He highlighted the confusion surrounding terms such as “prejudicial to public order,” “security of Kenya,” “administration of justice,” and “hatred or contempt” towards public officials, arguing that these terms lacked precise legal definitions.

The judge concluded that section 77 of the penal code infringed upon the right to freedom of expression and lacked legal clarity and justification.

In a specific case brought before the court, Mr. Joshua Otieno Ayika faced charges of subversive activities for a social media post suggesting a military takeover. He was also charged with spreading false information under the Computer Misuse and Cyber Crimes Act, 2018.

Civil society organizations contested the constitutional validity of section 77, asserting that it had no place in a modern democratic society like Kenya and served as a relic of colonial oppression.

Justice Mohochi issued a declaration declaring section 77(1) and 3 unconstitutional and prohibited its enforcement against any member of the public.

Previous Post

Government launches nationwide crackdown on alcohol manufacturers

Next Post

Safaricom shifts to electronic dividend disbursements

Faith Chandianya

Faith Chandianya

Related Posts

News

Building a Portfolio That Works Across Market Conditions

June 26, 2026
News

Kenya’s Macro Resilience Amid the Iran Conflict

June 26, 2026
Inflation, Crisis and rising commodity prices concept stock
News

How the cost of living crisis is hitting pension contributions

June 26, 2026
News

Why Liquidity Matters in Financial Markets

June 25, 2026
News

Kenya Secures Kshs 22.1 bn Samurai Bond from Japan

June 25, 2026
Low voter turnout at Masikonde Primary School in Narok town ward on November 27 2025, voting kicked off at 7.00 AM. Tobias Meso|NMG
News

IEBC sets August 10, 2027 as date for Kenya’s next general election

June 25, 2026

LATEST STORIES

Building a Portfolio That Works Across Market Conditions

June 26, 2026

Kenya’s Macro Resilience Amid the Iran Conflict

June 26, 2026
Inflation, Crisis and rising commodity prices concept stock

How the cost of living crisis is hitting pension contributions

June 26, 2026

The banking concentration risk on Kenya’s capital market

June 26, 2026

Why Liquidity Matters in Financial Markets

June 25, 2026

Kenya Secures Kshs 22.1 bn Samurai Bond from Japan

June 25, 2026

Designing Pension Solutions for Kenya’s Evolving Workforce

June 25, 2026
Low voter turnout at Masikonde Primary School in Narok town ward on November 27 2025, voting kicked off at 7.00 AM. Tobias Meso|NMG

IEBC sets August 10, 2027 as date for Kenya’s next general election

June 25, 2026
  • About Us
  • Meet The Team
  • Careers
  • Privacy Policy
  • Terms and Conditions
Email us: editor@thesharpdaily.com

Sharp Daily © 2024

No Result
View All Result
  • Home
  • News
    • Politics
  • Business
    • Banking
  • Investments
  • Technology
  • Startups
  • Real Estate
  • Features
  • Appointments
  • About Us
    • Meet The Team

Sharp Daily © 2024