If defamation was not a criminal offence, Albert Ojwang’s unlawful death while in police custody would probably not have happened. The complaint against his posts on social media was lodged by Deputy Inspector General of Police, Eliud Lagat, for what he claimed was ‘his name being tarnished’. The High Court has blown hot and cold on constitutionality of criminal defamation with three key decisions, a situation that calls for the Court of Appeal and possibly the Supreme Court to settle the law on this issue. In 2016, Justice Mumbi Ngugi in the case of Geoffrey Andare v Attorney General & two others declared Section 29 of the Kenya Information…