Sharp Daily
No Result
View All Result
Friday, May 29, 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

Kenya’s telecom regulator moves to penalise poor network quality

May 28, 2026
Analysis

HF group rebrands to HFCB in strategic transformation move

May 28, 2026
News

The role of corporate earnings in stock market performance

May 28, 2026
Economy

Kenya set to earn Sh41.5 billion tax windfall from Diageo’s EABL exit deal

May 28, 2026
E-mobility

Kenya weighs payslip tax cuts as pressure mounts to ease cost of living

May 26, 2026
News

The Expanding Role of SACCOs in Kenya’s Credit Market

May 25, 2026

LATEST STORIES

Kenya’s telecom regulator moves to penalise poor network quality

May 28, 2026

HF group rebrands to HFCB in strategic transformation move

May 28, 2026

The role of corporate earnings in stock market performance

May 28, 2026

Kenya set to earn Sh41.5 billion tax windfall from Diageo’s EABL exit deal

May 28, 2026

Bridging the Pension Coverage Gap in Kenya’s Informal Sector

May 26, 2026

Kenya Bankers Association’s 5% PAYE cut proposal

May 26, 2026

Kenya weighs payslip tax cuts as pressure mounts to ease cost of living

May 26, 2026
Kenya power technicians install a transformer at Ibutuka Village in Mbeere North in Embu County (Murithi Mugo, Standard)

Kenya plans coastal power barge as grid reserves run thin

May 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