We probably don’t follow court cases that much, but when they touch on the digital space then everyone of us is watching. A recent ruling resulted in a withdrawal of all criminal defamation cases in court after a previous declaration by High Court that criminal defamation is against freedom of expression in the Kenyan Constitution.
This changes things as technically you cannot be jailed for defamation. I won’t draw conclusions as to the motivation of this, but we are headed to elections, and this means quite a lot.
As it stands, you cannot be taken to jail for defamation, only an apology, fine or vindication ruling.
Though the director of public prosecution is suing.