Nairobi, March 19 -- The High Court has struck down Section 77(1) and (3) of the Penal Code, which creates the offence of subversion.

Justice Samwel Mohochi said Section 77(1) and (3) of the Penal Code is a colonial legacy that restricts freedom of expression through the vaguely worded offence of subversion.

The petitioners, including the Katiba Institute, the Law Society of Kenya and Article 19, argued that the sections restricted freedom of expression by criminalising and punishing any person who publishes words with "subversive intent".

Justice Mohochi said the section was vague and overbroad, firstly because it did not explicitly limit freedom of expression, but added the limitation to other acts or conduct.

The judge added that t...