The Director of Public Prosecutions (DPP) has filed an appeal against the criminal defamation judgment that was made by Justice John Mativo last week, setting stage for more court battles on a law that was infringing on internet freedoms.
The notice of appeal by the DPP signed by the Deputy Registrar said that the DPP is ‘dissatisfied with the judgment’.
On the 6th of February, Justice Mativo ruled that Section 194 of the Penal Code violates the right to freedom of expression as guaranteed under Article 33 of the Constitution. He said that the offence of criminal defamation is not reasonably justifiable in a democratic society. He further regretted that seven years into the Constitution of Kenya 2010, the country still had laws that are inconsistent with the supreme law.