The long-awaited ruling on the Computer Misuse and Cybercrimes case will be delivered this week, on 30th January 2020. This is following the conclusion of the hearings, the final one being before Justice Makau on, October 23rd 2019.
In our petition, BAKE cited that 26 sections of the law infringed on fundamental freedoms and limited various rights as guaranteed by the constitution. They threatened the freedom of opinion, freedom of expression, freedom of the media, freedom and security of the person, right to privacy, right to property and the right to a fair hearing.
The sections in contention are 5, 16, 17, 22, 23, 24, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 48, 49, 50, 51, 52 & 53. In May 2018, BAKE was granted an injunction suspending the 26 sections, and this has remained in force to date.
The case involved BAKE, the Attorney-General(AG), the Speaker of the National Assembly, the Inspector-General of Police (IG) and the Director of Public Prosecution (DPP), The Kenya Union of Journalists (KUJ), Lawyers Society of Kenya (LSK) and Article 19. BAKE sued the AG, IG, DPP and the Speaker of the National Assembly in the case while KUJ, LSK and Article 19 were enjoined as interested parties.