Geoffrey Andare v Attorney General & 2 others [2016] eKLR
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO 149 OF 2015
BETWEEN
GEOFFREY ANDARE ………………………………………..PETITIONER
VERSUS
THE HON. ATTORNEY GENERAL …………………. 1ST RESPONDENT
DIRECTOR OF PUBLIC PROSECUTIONS ………. 2ND RESPONDENT
AND
ARTICLE 19 – EAST AFRICA ……………………INTERESTED PARTY
JUDGMENT
1. In his petition dated 17th April 2015, the petitioner challenges the constitutionality of section 29 of
the Kenya Information and Communication Act, Cap 411A (hereafter ‘the Act’). The basis of
the challenge is that it criminalises publication of certain information in vague and overbroad
terms, has a chilling effect on the guarantee to freedom of expression, and creates an offence
without creating the mens rea element on the part of the accused person. The section provides
as follows:
A person who by means of a licensed telecommunication system—
a. sends a message or other matter that is grossly offensive or of an indecent, obscene or
menacing character; or
b. sends a message that he knows to be false for the purpose of causing annoyance,
inconvenience or needless anxiety to another person, commits an offence and shall be
liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for
a term not exceeding three months, or to both.
2. The petitioner states that he has filed the petition on his behalf and in the public interest. It has
been filed against the Attorney General (AG), a constitutional office created under Article 156 of
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