Suspend 'oppressive' Cybercrime law, petitioner asks court

President Uhuru Kenyatta signs the the Computer Misuse and Cybercrimes Bill, 2018 at State House, May 16, 2018. /PSCU
President Uhuru Kenyatta signs the the Computer Misuse and Cybercrimes Bill, 2018 at State House, May 16, 2018. /PSCU

The law signed by President Uhuru Kenyatta last week to fight cybercrimes has been challenged in court.

A petitioner moved to court on Monday seeking to have the law quashed on grounds there was no public participation.

Geoffrey Maina wants the Computer Misuse and Cybercrimes Act shelved arguing that it is oppressive.

Through Manyonge Wanyama and Associates, the petitioner says the law threatens his rights to privacy under Article 31 of the Constitution.

The article guarantees Kenyans the freedom of expression and opinion.

"Some sections of the Act are also unreasonably as they restrict citizens' right of access to information under Article 35 of the Constitution," Maina argues.

The Computer Misuse and Cybercrime Act was ratified by the president on May 16.

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Maina avers that the Act sets out harsh penalties, which include a fine of up to Sh5 million or imprisonment of up to 25 years.

His argument is that the new law falls short of international standards and further violates treaties and conventions to which Kenya is a party.

"The Act was rushed through and passed without public participation," he says in the suit filed against the Attorney General, National Assembly, DPP and the Inspector General of Police.

Thus, he argues there is need for the court to intervene and provide remedy.

Particular, he says the court ought to intervene due to the fact that there is a general presumption that every Act of Parliament is constitutional, hence implementation should be prompt.

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