Prosecution Orders Withdrawal of All Criminal Libel Cases

The Director of Public Prosecutions (DPP) has ordered the withdrawal of all criminal libel cases pending in Kenyan courts.

Keriako Tobiko, the DPP, in a statement said he has also appointed a team of senior prosecutors to review the judgments and advise whether there are grounds to appeal.

“In the meantime, I direct that all criminal cases that are pending before court wherein accused persons are charged under Section 194 of the penal code (offence of criminal libel be withdrawn under Section 87(a) of the criminal procedure code (Cap 75) laws of Kenya,” said the DPP.

“Further, henceforth no charges shall be preferred against any person under the invalidated law, until and unless the said judgement has been reversed or set aside by an Appellate Court,” read the statement.

High Court Judge John Mativo declared unconstitutional section 194 of the Penal Code (Cap 63 Laws of Kenya) in Petition No. 397/2016 Jacqueline Okuta and Another vs Attorney General and 2 Others.

Read:

• Win for Kenyan Media, Court Rules Criminal Defamation Laws Unjustified
• Plans to Monitor Mobile Phones in Kenya Face Backlash