Judge Chacha Mwita at the high court delivering the judgement
The Bloggers Association of Kenya (BAKE) made good their promise to challenge the Computer Misuse and Cybercrimes Act, 2018. They filed a petition yesterday in the High Court and subsequently Judge Chacha Mwita granted their request to suspend 26 sections of the law.
Here are the orders by Justice Chacha Mwita barring the coming into effect of 26 sections of the Computer Misuse and Cybercrimes Act, 2018. pic.twitter.com/UvxAe9vTJG
In their petition, they argued 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. They also noted that the membership of the National Computer and Cybercrimes Co-ordination Committee established under the law does not conform to the two-thirds gender rule as all the members will be all men.
The Computer Misuse and Cybercrimes Act, 2018 was signed into law by the President on 16th May 2018. The law sought to address various issues including cybercrime, cyber bullying, phishing, false news and cybersquatting.
Article 19 and the Kenya Union of Journalists (KUJ) are enjoined in the case. Mercy Mutemi represented BAKE in the case while Article 19 were represented by Demas Kiprono.
The 26 sections of the law that have been suspended include:
Section 5 – Composition of the National Computer and Cybercrimes Coordination Committee
Section 16- Unauthorised interference
Section 17- Unauthorized interception
Section 22 – False publications
Section 23 – Publication of false information
Section 24- Child pornography
Section 27 – Cyber harassment
Section 28 – Cybersquatting
Section 29 – Identity theft and impersonation
Section 31 – Interception of electronic messages or money transfers
Section 32 – Willful misdirection of electronic messages
Section 33 – Cyber terrorism
Section 34 – Inducement to deliver electronic message