Perhaps, this could be a perfect opportunity for our learned friends/legal scholars on this forum to assist everyone else  better interpret this statute and hopefully get it redone and improved once and for all. For instance, the Judge in her ruling, and for  good measure weighed in with the very spectre  of ambiguity in interpretation and enforcement. IMHO this is quite key and the crux of the matter at issue.

Harry‎

From: Grace Githaiga via kictanet
Sent: Wednesday, April 20, 2016 11:47 AM
To: Harry Delano
Reply To: KICTAnet ICT Policy Discussions
Cc: Grace Githaiga
Subject: Re: [kictanet] CA to appeal court’s quashing of disputed law

Thanks @Sydney for sharing. Just in case anyone interested missed out the ruling, it is attached. Riva shared it yesterday. 

"Mr Wangusi added that there is nothing unconstitutional with section 29 of the Kica, and her interpretation of the law did not capture section 33 of the Constitution which caps the limits of freedom of expression. “I have not seen the ruling but definitely we are going to challenge it... There is nothing unconstitutional in that Act since it conforms to section 33 of the Kenyan Constitution,” Mr Wangusi said.

“While freedom of expression is guaranteed in our Constitution, the same Constitution states that one cannot use his freedom of expression to undermine the freedom of others,’’ he said.





Date: Wed, 20 Apr 2016 11:29:01 +0300
Subject: [kictanet] CA to appeal court’s quashing of disputed law [feedly]
From: kictanet@lists.kictanet.or.ke
CC: sidney.ochieng@gmail.com
To: ggithaiga@hotmail.com

I guess we're going to the Supreme Court?

---- 
CA to appeal court’s quashing of disputed law
// Business Daily

The Communications Authority (CA) of Kenya has vowed to challenge a ruling by the High Court quashing a section of the Kenya Information and Communication Amendment (Kica) Act. 
----

Shared via my feedly reader

Sidney

Touched not typed from my Infinix Z3


_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.com The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, shar