Geoffrey Andare v Attorney General & 2 others [2016] eKLR prosecution of the petitioner in the proceedings in Milimani Criminal Case No. 610 of 2015; and 106. Article 23(3) of the Constitution grants this court power to issue “appropriate orders” in a petition brought under Article 22 of the Constitution. In this case, the Court was concerned with the constitutionality of section 29 of the Kenya information and Communication Act, and has come to the conclusion that the section is unconstitutional for being couched in overbroad and vague terms that violate or threaten the right to freedom of association guaranteed under Article 33 of the Constitution. I have, however, not found a violation of the petitioner’s rights under Article 50(2)(n). 107. Consequently, the orders that commend themselves to me are as follows: a. I declare that section 29 of the Kenya Information and Communication Act is unconstitutional; b. I direct each party to bear its own costs of the petition. 108. The Director of Public Prosecutions has the constitutional mandate to determine whether or not to proceed with the prosecution of the petitioner with regard to the facts alleged against him should they disclose an offence under any other provision of law, and this Court will therefore not issue prohibitory orders directed against the DPP. 109. However, in light of the findings of this Court, the Director of Public Prosecutions cannot continue to prosecute the petitioner under the provisions of section 29 of the Kenya Information and Communications Act. Dated, Delivered and Signed at Nairobi this 19th day of April 2016 MUMBI NGUGI JUDGE Mr. Ongoya instructed by the firm of Ongoya & Wambola & Co. Advocates for the petitioner. Ms. Wawira instructed by the State Law Office for the 1st respondent. Ms. Kihara instructed by the Director of Public Prosecution for the 2nd respondent. Mr. Kiprono instructed by Article 19. While the design, structure and metadata of the Case Search database are licensed by Kenya Law under a Creative Commons Attribution-ShareAlike 3.0 Unported License, the texts of the judicial opinions contained in it are in the public domain and are free from any copyright restrictions. Read our Privacy Policy | Disclaimer http://www.kenyalaw.org - Page 20/20 Powered by TCPDF (www.tcpdf.org)