High Court extends suspension on Cyber Crimes Act

The High Court has extended the suspension of 26 controversial clauses in the Computer and Cybercrimes Act 2018 for three months, granting a reprieve to online users.

This follows a move by Government to seek judicial review of the ruling delivered by Justice Chacha Mwita suspending implementation of the 26 clauses that privacy and human rights lobby groups say facilitate online censorship.

The Government on Tuesday sought to have the High Court review the judgement, on grounds that the court erred in suspending the 26 clauses since no one had so far been arrested through the Act.

Justice Wilfrida Okwany, however, declined to rule, adjourning the case to October. The suspension of the 26 clauses has been extended by almost three months pending the hearing of the case.

In May, Bloggers Association of Kenya (BAKE) sued the Attorney General, Speaker of the National Assembly, Inspector General of Police and Director of Public Prosecutions over the laws.

Through their lawyer Mercy Mutemi, BAKE says the newly constituted National Computer and Cybercrimes Coordination Committee lacks proper representation or oversight.

“The Director who shall be the secretary to the committee lacks a vote meaning he or she will only take direction from committee members who are heads or appointees of the respective government agencies,” BAKE says.

“Section 16 and 17 that touch on unauthorised interception, access and interference are meant to stifle whistle blowing culture and practice in the country.”

The Law Society of Kenya, Kenya Union of Journalists and privacy lobby group Article 19 have since applied to be enjoined in the case.

The law has also been criticised for providing opportunity to politicians and corporates who could use it to censor online publications and bloggers.