26 sections of the Cybercrimes law have been suspended after BAKE files case

Judge Chacha Mwita at the high court delivering the judgement
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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.

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:

  1. Section 5 – Composition of the National Computer and Cybercrimes Coordination Committee
  2. Section 16- Unauthorised interference
  3. Section 17- Unauthorized interception
  4. Section 22 – False publications
  5. Section 23 – Publication of false information
  6. Section 24- Child pornography
  7. Section 27 – Cyber harassment
  8. Section 28 – Cybersquatting
  9. Section 29 – Identity theft and impersonation
  10. Section 31 – Interception of electronic messages or money transfers
  11. Section 32 – Willful misdirection of electronic messages
  12. Section 33 – Cyber terrorism
  13. Section 34 – Inducement to deliver electronic message
  14. Section 35- Intentionally withholding message delivered erroneously
  15. Section 36 – Unlawful destruction of electronic messages
  16. Section 37- Wrongful distribution of obscene or intimate images.
  17. Section 38- Fraudlent use of electronic data
  18. Section 39- Issuance of false e-instructions
  19. Section 40- Reportng of cyber threat
  20. Section 41- Employee responsibility to relinquish access condes
  21. Section 48 – Search and seizure of stored computer data
  22. Section 49 – Record of and access to seized data
  23. Section 50 – Production order
  24. Section 51- Expedited preservation and partial disclosure of traffic data
  25. Section 52 – Real-time collection of traffic data
  26. Section 53- Interception of content data
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