figganigga
JF-Expert Member
- Oct 17, 2010
- 25,492
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A man has moved to court to challenge the new Computer Misuse and Cybercrime Act 2018.
Mr Geoffrey Maina has sued the National Assembly, the Attorney General, the Director of Public Prosecutions, the Inspector General of Police and the National Police Service.
Through lawyer Peter Wanyama, Mr Maina argued that fundamental rights and freedoms of Kenyans are now threatened by some provisions of the act.
“There is need for the court to provide a remedy in particular due to the fact there is a general presumption that every Act of Parliament is constitutional hence its implementation is immediate,” Mr Wanyama said.
According to Mr Maina, the laws jeopardise Kenyans’ right to privacy, freedom of expression, freedom of the media and the right to fair trial.
He argued that some sections of the act unreasonably restrict citizen’s right to access information through hefty penalties set out, such as a Sh5 million fine for spreading false information electronically or two years jail term for propagating hate speech.
He is concerned that the hefty penalties would also scare away whistle-blowers.
In the case documents, he said that the Act falls short of international standards and requirements.
“This application has been filed in order to seek redress from this court pursuant to its interpretation, including the determination of the question on whether any law which is inconsistent with or contravenes the constitution requires an appropriate remedy to be granted,” Mr Wanyama argued.
He added: “It is only fair and just that this matter be placed before a judge noting that some aspects of the Computer Misuse and Cybercrimes Act 2018 are unconstitutional hence the need for this court to urgently intervene.”
President Uhuru Kenyatta assented to the bill on May 16.
It deals with various offences such as cyberbullying, hacking and spreading of fake news.
Mr Maina wants the matter certified urgent.
Mr Geoffrey Maina has sued the National Assembly, the Attorney General, the Director of Public Prosecutions, the Inspector General of Police and the National Police Service.
Through lawyer Peter Wanyama, Mr Maina argued that fundamental rights and freedoms of Kenyans are now threatened by some provisions of the act.
“There is need for the court to provide a remedy in particular due to the fact there is a general presumption that every Act of Parliament is constitutional hence its implementation is immediate,” Mr Wanyama said.
According to Mr Maina, the laws jeopardise Kenyans’ right to privacy, freedom of expression, freedom of the media and the right to fair trial.
He argued that some sections of the act unreasonably restrict citizen’s right to access information through hefty penalties set out, such as a Sh5 million fine for spreading false information electronically or two years jail term for propagating hate speech.
He is concerned that the hefty penalties would also scare away whistle-blowers.
In the case documents, he said that the Act falls short of international standards and requirements.
“This application has been filed in order to seek redress from this court pursuant to its interpretation, including the determination of the question on whether any law which is inconsistent with or contravenes the constitution requires an appropriate remedy to be granted,” Mr Wanyama argued.
He added: “It is only fair and just that this matter be placed before a judge noting that some aspects of the Computer Misuse and Cybercrimes Act 2018 are unconstitutional hence the need for this court to urgently intervene.”
President Uhuru Kenyatta assented to the bill on May 16.
It deals with various offences such as cyberbullying, hacking and spreading of fake news.
Mr Maina wants the matter certified urgent.
