Blow to bloggers as Court dismises cyber crime law case

Justice James Makau says Act does not violate any fundamental rights of the bloggers.

In Summary

• High Court Judge James Makau has dismissed the case filed by the Bloggers Association of Kenya (BAKE).

• Makau ruled that the constitutionality of the computer Misuse and Cyber-crime Act is valid.

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.
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.
Image: REUTERS

High Court Judge James Makau has dismissed the case filed by the Bloggers Association of Kenya (BAKE).

Makau ruled that the constitutionality of the computer Misuse and Cyber-crime Act is valid.

President Uhuru Kenyatta in 2016 signed the bill into law amid calls to revert it back to Parliament to ensure its provisions are constitutional and do not violate the right to media freedom and expression.

After a series of public outrage, the Bloggers Association of Kenya moved to court to challenge the law but Makau said the petition was unwarranted.

While ruling that the Act does not violate any fundamental rights of the bloggers, the Judge lifted sections that had earlier been suspended by the court.

The judgment was set to be delivered on January 30 but the matter was postponed to today by Justice Makau.

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