Further to our legal update dated 22nd May, 2018, the High court has declared that the provisions of the Computer Misuse and Cybercrimes Act, 2018 (“the Act”) are constitutional.
The Bloggers Association of Kenya (BAKE) had challenged the constitutionality of twenty-six (26) sections of the Act through Petition Number 206 of 2018. The petition had alleged that the twenty-six (26) sections infringed on 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. The twenty-six (26) sections had been suspended from coming into force pending the hearing and determination of the suit.
In the judgment issued on 20th February 2020, Justice James Makau dismissed the case in its entirety stating that the contested sections were constitutional. BAKE intends to appeal this decision.
We shall keep you updated on the progress of this matter.
Please contact us at Info@cfllegal.com should you require further information.
