Controversial blogger Cyprian Nyakundi won a case against the Directorate of Criminal Investigation (DCI) where he had been accused of extortion of 17.5million from Victoria Commercial Bank, false accusation, and blackmail.
Nyakundi and his co-accused Emmanuel Nyamweya had been arrested in January 2020 for allegedly having received a down payment of 1 million shillings to take down defamatory information published on a website. However, High Court judge, Anthony Mrima ruled that the DCI had illegally obtained evidence against the blogger. He also stated that the evidence that was submitted was inadmissible before the court.
This is not the first time Cyprian Nyakundi has been called to answer a case involving the publication of false information. Back in 2020, he was accused of publishing false information which is contrary to section 23 of the Computer Misuse and Cyber Crimes Act which was against a top Kenya Revenue Authority official stating that he had travelled abroad and had not quarantined himself. Section 23 of the Computer Misuse and Cyber Crimes Act states that
“A person who knowingly publishes information that is false in print, broadcast, and data or over a computer system, that is calculated or results in panic, chaos, or violence among citizens of the Republic, or which is likely to discredit the reputation of a person commits an offence and shall on conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding ten years, or to both.”
The Bloggers Association of Kenya has been at the forefront in fighting for the freedom of expression which is a key human right. In 2018, the association challenged 26 sections of the Computer Misuse and Cyber Crimes Act 2018 that would have gone against freedom of expression which has been a priority in the fight for the preservation of human rights.