Our case challenging the Computer Misuse and Cybercrimes Act 2018 has been dismissed after High Court Judge James Makau declared that the law is valid in its entirety.
Justice Makau found that the 26 sections of the computer misuse and cybercrimes law we had contested were constitutional. He thereafter dismissed the whole case in its entirety.
The Cybercrimes Law was signed into law by President Uhuru Kenyatta on 16th May 2018. In the same month, we filed a case (petition 206 of 2018) challenging the constitutionality of 26 sections of the Cybercrimes Act. In the case, we sued the Attorney General, Speaker of the National Assembly, Inspector General of Police, and the Director of Public Prosecutions (DPP). Article 19 and the Kenya Union of Journalists (KUJ) were enjoined in the case.
We went to court because we were concerned that several provisions of the new law were unconstitutional and constituted an infringement on fundamental freedoms. In our opinion, 26 sections of the law 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.
This ruling is a blow to digital rights in Kenya, especially freedom of expression and freedom of the media. We intend to appeal this decision immediately.