The Bloggers Association of Kenya (BAKE) has announced its intention to challenge certain sections of the recently enacted Finance Act 2018 that pertain to computer crimes. According to the organization, the sections are similar to the ones contained in the Computer Misuse and Cyber Crimes Act 2018.

The organization went to court to challenge the implementation of the Cybercrimes Law and it got an injunction suspending 26 sections of the law. It now says that the Government wants to introduce certain aspects of the Cybercrimes Law through the back door via the Finance Act 2018.

The specific sections of the Finance Act 2018 that BAKE is taking issue with are;

  1. The Tax Procedures Act, 2015 is amended by inserting the following new sections immediately after section 103—29 of 2015.

Unauthorized access or improper use of computerized tax system.

103A. (1) A person who—

(a) knowingly and without lawful authority, by any means, gains access to or attempts to gain access to any computerized tax system;

(b) having lawful access to any computerized tax knowingly uses or discloses information obtained from such system for a purpose that is not authorised; or

103B. (1) A person who knowingly —

(a) falsifies any record or information stored in any computerized tax system;

(b) damages or impairs any computerized tax system; or

(c) damages or impairs any duplicate tape or disc or other medium on which any information obtained from a computerized tax system is held or stored otherwise than with the permission of the Commissioner, commits an offence.

(2) A person convicted of an offence under subsection (1) shall be liable to imprisonment for a term not exceeding three years, or to a fine not exceeding eight hundred thousand shillings, or to both.

BAKE’s case against the Cybercrimes Law resumed on 1st October 2018 and they plan to apply for an amendment to the case to add these provisions to their case.

The Finance Act comes to effect on October 31st 2018  and you can download it HERE.