JUDGMENT
This petition is a challenge to the constitutionality of Section 132 of the Penal Code, Cap 63 Laws of Kenya. Robert Alai, the petitioner, was on 17th December 2014, arraigned before the Chief Magistrate’s court at Kiambu, charged with the offence of undermining the authority of a Public Officer Contrary to Section 132 of the Penal Code. Particulars of the offence stated that; while using the open source website Twitter, the petitioner posted the words “Insulting Raila is what Uhuru can do. He hasn’t realized the value of the Presidency. Adolescent President. This seat needs Maturity” which publication was calculated to bring into contempt the lawful authority of the President of the Republic of Kenya.
The petitioner felt the charge was a violation of his constitutional rights and filed this petition against the Attorney General and the Director of Public Prosecution, the respondents, seeking the following orders;.
a. A declaration that section 132 of the Penal Code is uncon…