JUDGMENT OF THE COURT
Kenneth Stanley Njindo Matiba, hereinafter referred to as the appellant, is a well known politician in Kenya. He has served as an elected member of Parliament and as a cabinet minister. He was once a contender for the Presidency of this country.
In early 1993 the appellant authored and caused to be published a book titled KENYA RETURN TO REASON . By November, 1993 he had sold to the public about 1,000 copies. However, the appellant gratuitously sent free copies of his book to, among other distinguished Kenyans, H.E. The President, Daniel Toroitich Arap Moi, all Cabinet Ministers, Members of Parliament, the Attorney General and the Commissioner of Police.
On 14th January, 1994, the then Minister of State, Mr. Jackson Kalweo, prohibited the publication of the book in exercise of the powers conferred by section 52 of the Penal Code (Cap 63) of the Laws of Kenya. The prohibition was published in the issue of the Kenya Gazette Supplement No. 2 in Legal Notice No. 2 of 19…