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
— BAKE Kenya ?? (@BakeKenya) May 30, 2018
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
- Section 35- Intentionally withholding message delivered erroneously
- Section 36 – Unlawful destruction of electronic messages
- Section 37- Wrongful distribution of obscene or intimate images.
- Section 38- Fraudlent use of electronic data
- Section 39- Issuance of false e-instructions
- Section 40- Reportng of cyber threat
- Section 41- Employee responsibility to relinquish access condes
- Section 48 – Search and seizure of stored computer data
- Section 49 – Record of and access to seized data
- Section 50 – Production order
- Section 51- Expedited preservation and partial disclosure of traffic data
- Section 52 – Real-time collection of traffic data
- Section 53- Interception of content data