We filed a Notice of Appeal on 21st February 2020, to challenge the judgement made by the High Court. We thereafter filed an application to have the judgement done on 26th February 2020. The court failed to declare the application urgent and would therefore set it down to be heard with all the parties present. Because of the onset of Covid-19 pandemic in Kenya, the application is yet to be heard.
The judgement in our case challenging some sections of the Computer Misuse and Cybercrimes Case-Petition 206 of 2018- was rendered on February 20th, 2020. In his judgement, Justice James Makau of the High Court found the suspended sections of the Cybercrimes law constitutional and therefore threw out the case.
Since our case the Computer Misuse and Cybercrimes Act was dismissed, the state has used these sections, particularly sections on publications of false information online to arrest and charge bloggers and online content creators. Our position of the unconstitutionality of some sections of the Computer Misuse and Cybercrimes Act still stands. We still believe that these sections disregard some rights of Kenyans, and will therefore continue to advocate for the right to privacy, freedom of expression and freedom of the media, for all Kenyans.