Three journalists, who had been arrested last week, in connection with Kakamega Senator Cleophas Malala’s alleged viral nude photos have been acquitted.

David Ndolo, Stafford Ondego and Alex Njue’s charges were withdrawn after the prosecution said that the section (23), under which they have been charged with was suspended by the high court. The section states that:

A person who knowingly publishes information that is false in print, broadcast, 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 trio had been charged with wrongful distribution of pornographic and intimate images of Senator Malala and an unknown woman. “On October 23, 2018, at an unknown time, within the Republic of Kenya, with others not before the court, published false information through social media, Facebook and Whatsapp platform with the intent to discredit the reputation of Hon. Cleophas Malala, Senator of Kakamega County.”