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Kenya's Computer Misuse and Cybercrimes Act Faces Constitutional Challenge

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Nyakundi Report

Newsroom 1 min read

This archive report was first published on 24 October 2019.

The Computer Misuse and Cybercrimes Act 2018, signed into law by the President in May 2018, has been at the center of a constitutional challenge in Kenya.

On January 30, 2020, Judge James A. Makau will deliver the judgment on the case filed by the Bloggers Association of Kenya (BAKE) against the state.

BAKE had challenged the constitutionality of 26 sections of the Act, which were suspended by Judge Chacha Mwita on May 29, 2018, just a day before the Act was set to come into effect.

However, the Attorney General filed a petition on June 25, 2018, seeking to have the suspension lifted, arguing that it was done 'ex parte' and was erroneous.

Despite this, Justice Wilfrida Okwany extended the suspension orders to October 1, 2018, and later to subsequent dates, including November 5, 2018, December 3, 2018, March 6, 2019, April 30, 2019, and October 23, 2019.

Now, Judge Makau will deliver the final judgment on January 30, 2020.

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