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August 21, 2018

Solicitor General wants suspension of cyberbullying law set aside

A message demanding money is seen on a monitor of a payment terminal at a branch of Ukraine's state-owned bank Oschadbank after Ukrainian institutions were hit by a wave of cyber attacks earlier in the day, in Kiev, Ukraine, June 27, 2017. /REUTERS
A message demanding money is seen on a monitor of a payment terminal at a branch of Ukraine's state-owned bank Oschadbank after Ukrainian institutions were hit by a wave of cyber attacks earlier in the day, in Kiev, Ukraine, June 27, 2017. /REUTERS

Solicitor General Kennedy Ogeto has asked the High Court to vary orders suspending implementation of the cyber bullying law.

Ogeto says the orders were given in the presence of only one party and in total violation of the right to fair hearing.

He believes the order was granted on the basis of misrepresented facts and law.

The order he is seeking to set aside was given by judge Chacha Mwita following a successful application by Bloggers Association of Kenya (BAKE).

BAKE said the law will contravene their freedom of expression and right to privacy and sideline youth from economic, social and political participation.

Under the law, a person found guilty of harassing or stalking others on social media platforms will be jailed for 10 years or fined up to Sh20 million, or both.

In May, the High Court temporarily suspended enforcement of the cyberbullying law which would have seen social media users jailed for 20 years.

The temporary order, seen as win for freedom of expression, suspended 25 sections of the new law which was meant to come to force on May 30.

Read: Court halts enforcement of Cybercrimes law

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