High Court Judge Justice James Makau will hear the legality of the controversial Computer Misuse and Cybercrimes Act which resumes Wednesday.
The Bloggers Association of Kenya (BAKE) in May 2018 challenged the legality of the Computer Misuse and Cybercrimes Act, 2018. BAKE termed some of the clauses in the act as ‘retrogressive to a country that espouses, defends and thrives in media freedoms’.
“Several provisions of the law not only infringe on the Constitution but also international standards and statutes on freedom of expression and freedom of the media,” BAKE had said in a statement.
As a result, on 29th May 2018, High Court Judge Chacha Mwita suspended the coming into force of 26 sections of the Act pending the determination of the case.
The 26 suspended sections of the Act are: 5, 16, 17, 22, 23, 24, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 48, 49, 50, 51, 52 & 53.
READ: Kenya’s Proposed Law Requiring Clearance of WhatsApp, Facebook Admins Raises Concerns
In the Constitutional petition No. 206 of 2018, BAKE sued the Attorney General, Speaker of the National Assembly, The Inspector General of National Police Service,
Lawyer, Mercy Mutemi represents BAKE in the case. Article 19 is an interested party of the case through its Lawyer Demas Kiprono. In the petition, the Kenya Union of Journalists (KUJ) is also listed as interested parties.
The Computer Misuse and Cybercrimes Act, 2018 was signed into law by the President on 16th May 2018.