Our Computer Misuse and Cybercrime case in the Court of Appeal will have a hearing date on July 2, 2025.
In the case we have sued the Attorney General, The Speaker of the National Assembly, The Inspector General of Police, The Director of Public of Public Prosecutions. Article 19 East Africa, and the Kenya Union of Journalists (KUJ) are interested parties.
After the judgement of our Computer Misuse and Cybercrime case was rendered on 20th February 2020, we filed a Notice of Appeal, on the 21st February 2020. We had to file it remotely due to the COVID 19 crisis. Our Court of Appeal application, however, was not certified urgent.
We also filed a Notice of Motion Application under Certificate of Urgency to have the judgement stayed before the appeal was heard. Unfortunately, the court failed to certify the application urgent. The Law Society of Kenya also filed a Notice of Appeal and an application similar to ours. The court heard their application and unfortunately determined that there was no urgency to stay the judgement.
In his judgement, Justice Makau had found that the 26 sections of the Cybercrimes Law that we had contested were constitutional and therefore dismissed the whole case entirely. The cybercrimes case is now in force and the 26 sections that we had contested, and that had been suspended, were lifted and declared legal.
Since then, many Kenyans, especially content creators have been arrested and charged with provisions such as publication of false information. These arrests are unconstitutional as the Constitution guarantees freedom of speech, and freedom to access and impart information for all Kenyans.
Most recently, Albert Ojwang, Rose Njeri, Kelvin Moinde, Peter Salasya and Titus Wekesa Sifuna have been arrested and some charged under the Cybercrimes Act.
Resources:
- BAKE Submissions- CyberCrimes Case Appeal
- Supplementary Record of Appeal BAKE – CyberCrimes Case Appeal
- Memorandum of Appeal – Cybercrimes Act
- Notice of appeal
- Judgement in the Computer Misuse and Cybercrimes Act case
- Computer Misuse and Cybercrimes Act, 2018
- BAKE petition against the Cybercrimes Law
- Timeline of the BAKE case against the Cybercrimes Law