The High Court has quashed sections 77 (1) and 3 of the penal code, which allows the prosecution of people found culpable of the offence of subversion.
The court has declared Section 77 of the Penal Code unconstitutional since it restricts freedom of expression.
According to the High Court, the provisions of section 77 of the Penal Code are over broad and vague and they limit freedom of expression as there is lack of clarity as to the purpose and intent and the limitation in the said section is not provided by Law.
The High Court further said that the section is over-broad firstly by not explicitly limiting the freedom of expression but adding the limitation on other acts or conduct.
The Court also said that there exists confusing definition of subversion about the meaning of prejudicial to public order, security of Kenya and administration of Justice.
None of the offences provided for by section 77 of the PC Cap 63 LoK according to the Court are capable of precise or objective legal definition or understanding.
"Having found the provisions of section 77 unconstitutional, it therefore follows that no criminal prosecution may be sustained under the said provisions."
Section 77 (1) says that Any person who does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act with a subversive intention, or utters any words with a subversive intention, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.