Judgement for the BAKE Computer Misuse and Cyber Crimes Case has been postponed to 20th February 2020. The judgement, which has been postponed twice this year, was supposed to be delivered on 30th January 2o20 and then on 3rd February 2020, by Hon. Mr Justice James A. Makau.

A bit of background on the case: We moved to court on 29th May 2018 to stop the implementation of the Cybercrimes Law because in our opinion the law infringed on fundamental freedoms such as 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, as guaranteed by the constitution.

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.

In the case, we sued 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 were enjoined as interested parties.