Journalists accused of leaking Senator Malala nude pics freed
Three journalists who had been accused of leaking nude pictures of Kakamega Senator Cleophas Malala have been acquitted.
David Onyango Ndolo, Stafford Ondego and Alex Mulwa Nzyoki were arrested on Thursday.
They were charged with wrongful distribution of obscene and intimate images of Senator Malala and an unknown woman.
The charge sheet read: “On October 23, 2018 with others not before court, (they) published false information through social media ..Facebook and Whatsapp platform with the intent to discredit the reputation of Hon. Cleophas Malala..”
However, the prosecution dropped the charges saying that the section under which the accused were charged was suspended by the High Court.
Publication of false information is contrary to Section 23 of the Computer Misuse and Cybercrime Act of 2018.
Justice Chacha Mwita suspended over 20 sections of the Cybercrime Act in May this year.
The petition had been presented before court by the Bloggers Association of Kenya (BAKE).
According to James Wamathai, the Director of Partnerships at BAKE, the State had made several attempts to control media freedom online.
“It is the Association’s contention that 26 sections of the law threaten the freedom of opinion, freedom of expression, freedom of the media, freedom and security of the person, right to privacy, right to property and the right to a fair hearing,” he said.
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