Kenya High Court Suspends Sections of Contentious Cybercrimes Law

high court terms section of kica act unconstitutional

The contentious Computer Misuse and Cybercrimes Act was passed recently by the President and it sought to penalize against several vices. These included penalizing against the sharing of fake news, pornography, cyberterrorism and cybersquatting.

The Bloggers Association of Kenya (BAKE) is now reporting that a judge has given conservatory orders suspending several sections of the Act from coming into force.

The petition was for alleged contravention of rights and fundamental freedoms as guided by the Kenyan constitution. From the petition, the court provided the following statement:

“THAT pending the hearing and determination of this application inter partes, a conservatory order does issue suspending the coming into orce of the Computer Misuse and Cybercrimes Act, 2018 and in particular the coming into force of Sections 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 of the Computer Misuse and Cybercrimes Act, 2018.”

The sections suspended are 26 in total and 2 of which concern fake news (section 22 and 23). Judge Chacha Mwita has declared that the following sections are suspended until the case is heard:

  • 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

This is a developing story and the article will be updated as information reaches us.

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