Gloomy Future For Bloggers As Court Terms Cybercrime Law Constitutional

Kenyan bloggers are in for a gloomy future after the High Court declared the Computer Misuse and Cybercrime Act constitutional.

Bloggers Association of Kenya (BAKE) had moved to court to challenge the constitutionality of the Act saying it was aimed at curtailing freedom of expression.

Section 22 (1) of the Act states that “a person who intentionally publishes false, misleading or fictitious data or misinforms with the intend that the data shall be considered or acted upon as authentic, with or without any financial gain, commits an offence and shall, upon conviction, liable to a fine not exceeding five million shillings or imprisonment to a term not exceeding two years, or both.”

Section 23 of the Act says that “a person who knowingly publishes information that is false in print, broadcast, data or over a computer system that is calculated or results in panic, chaos or violence among citizens of the Republic, or which is likely to discredit the reputation of a person, commits an offence and shall, on conviction, liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding ten years, or both.

According to Hight Court Judge James Makau, the petition by Bloggers Association was unwarranted and that it lifted sections that had already been suspended.

The accused

Bloggers had sued the Attoney-General, the Speaker of the National Assembly, the Inspector General of the Police and the Director of Public Prosecutions.

The case has been in court for two years as the government pushed for the law to have its way in what analysts are seeing as a move to kill any contrary voice as the law fails to define exactly what the “false” information will be verified.

Signed into law

The Bill sailed through parliament with ease and on May 16, 2020 President Uhuru Kenyatta signed it into law.

Before the signing, there was an outcry among a section of Kenyans who called on the President not to sign the Bill into law but revert it to parliament to ensure that it was in line with the Constitution of Kenya.

22 Sections Suspended

Few days after President Uhuru Kenyatta has signed the Bill into law, Judge Enoch Chacha Mwita suspended 22 sections of the Law, especially those that touched on child pornography and its penalties, publishing false information, fraudulent use of use of electronic data, interference with computer systems and data among others.

Expect arrests

Bloggers who are known for writing controversial content on their online platforms are likely to see themselves behind bars, paying huge fines or both.