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 http://www.kenyalaw.org - Page 1/20