LEGAL ALERT: Fully Effective – The Computer Misuse and Cybercrimes Act, 2018

On 16th of May 2018, the President assented to the Computer Misuse and cybercrimes Act, 2018 whose aim is to counter the evolution of crime through technology. However, barely two weeks after the presidential assent to the Act, the High Court issued a conservatory order suspending the entry into force of 26 sections of the Act. This was following a petition filed by the Bloggers Association of Kenya (BAKE), which challenged the 26 sections for contravening constitutional provisions on 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. On 20th February 2020, the High court finally rendered its judgement.

We examine the implications of the judgement in our lates client alert, following the initial review of the act published in The Above Standard Issue 1 in June 2018 available here.