Sharp Daily
No Result
View All Result
Wednesday, October 29, 2025
  • 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

High court warns IG Kanja: Attend or face jail time

January 8, 2025

High Court blocks Obodha’s appointment amid legal dispute

January 3, 2025

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

Who Should Invest in a Money Market Fund

October 29, 2025
News

Eastern Africa’s unified spectrum strategy to boost broadband

October 27, 2025
News

Start Q4 strong with the Cytonn Money Market Fund

October 9, 2025
News

Kenya Q2’ 2025 GDP growth accelerates to 5.0%

October 3, 2025
News

Argentina’s crisis and Kenya’s lessons on political economy and market confidence

September 25, 2025
News

Kenya’s financial system remains stable but faces rising risks

September 25, 2025

LATEST STORIES

Kenya Inflation 2025: What Steady Prices Mean for Your Savings and Best Investment Options

October 29, 2025

CIC insurance and Equity bank fined KES 1.2 bn for holding unclaimed assets in Kenya

October 29, 2025

Building trust and convenience in modern finance

October 29, 2025

Global or local? Why Kenyan professionals should consider domestic investments

October 29, 2025

Who Should Invest in a Money Market Fund

October 29, 2025

EABL to redeem KES 11.0 bn bond early to cut financing costs

October 28, 2025

Money Market Funds Explained: A Beginner’s Guide (Kenya Edition)

October 29, 2025

From paycheck to progress: how I learned to make every salary count.

October 29, 2025
  • 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