Is the Computer Misuse and Cybercrime, Act, No. 5 of 2018 operational? Yes it is. The chronology of events begins with the case by the Bloggers Association Kenya (BAKE). Thread..
The Bloggers Association Kenya (BAKE) challenged the legality and constitutionality of the Computer Misuse and Cybercrime Act (the Act) vide *Nairobi Constitutional Petition No. 206 of 2018 - Bloggers Association Kenya (BAKE) vs. Hon. Attorney General & 5 Others.
Pending the hearing and determination of that Petition, the High Court of Kenya at Nairobi (Hon. E.C. Mwita, J) in an order dated 30th May 2018 granted conservatory order suspending the coming into force of certain provisions of the Act.
Upon the hearing and consideration of the Petition, the High Court at Nairobi (Hon. J. Makau, J) in a judgment dated 20th February 2020, found the Petition to be unmerited and ordered inter alia that the Act is valid and does not violate the fundamental rights and freedoms.
The limitation was found to be in compliance of Article 24 of the Constitution, and that the impugned provisions of the Act are Constitutional. The court thereby dismissed the Petition.
Later in 2020, the Senate of the Republic of Kenya filed a Petition against the National Assembly (Petition No. 284 of 2019-Consolidated with Petition No. 353 of 2019) challenging laws that had been passed by the National Assembly in contravention of the Constitution.
In a judgement in the above Petition on the 29.10.2021, a three judge bench of the High Court of Kenya (Quorum: Hon. J. Ngaah, Hon. A. Ndungu and Hon. M.T. Matheka, JJ) allowed the Petition and declared the Computer Misuse Act & other laws* unconstitutional.
However, the High Court suspended its orders nullifying the impugned laws which included the Computer Misuse Act for a period of 9 months from the date of the judgment (29th day of October 2020).
This means that within 9 months, the National Assembly and Senate and all concerned parties ought to ensure that the laws that were declared unconstitutional comply with the provisions of Article 110 (3) of the Constitution.
Where the process of enacting those laws is not regularized by the National Assembly, the Senate and other concerned parties, the Computer Misuse Act will no longer be enforceable. However, as at today, it is still enforceable and infringements of the Act are still prosecutable.
Article 110(3) of the Constitution deals with Bills concerning county governments and states the speakers of the National Assembly and Senate shall jointly resolve any question as to whether a Bill concerns counties and, if it is, whether it is a special or ordinary Bill.
Correction. The Judgement was delivered on 29th October, 2020 and not 2021. ^admin.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
