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BY NAMULONGO PETER,NAIROBI,29TH MAY 2018-The High Court has suspended implementation of the Computer Misuse and Cybercrimes Act, 2018 awaiting hearing and conclusion of a case by bloggers.
Justice John Mativo Judge says the case by the petitioners raises arguable points of law.
The bloggers have protested against the implementation of the Act, signed into law some two weeks ago.
Aggrieved by President Uhuru Kenyatta’s move, the Bloggers Association of Kenya argues that the Act infringes on freedom of expression and the right to privacy.
They argue that if the Act is implemented, over 51.1 million Internet users in the country risk being prosecuted given the vague and overboard terminologies in the Act.
The Act criminalizes abuse of persons on social media.
Through the Computer Misuse and Cybercrimes Act, 2018, the National Government is going to establish a National Computer and Cybercrimes Coordination Committee.
The committee, according to the Act, “shall report to the Cabinet Secretary responsible for matters relating to internal security and, have key functions.”
The Committee is to be involved in among others:
Advising the government on security-related aspects, “touching on matters relating to blockchain technology, critical infrastructure, mobile money and trust accounts.”
The committee will also advise the National Security Council on computer and cybercrimes.
It will also be required to develop a framework to facilitate “the availability, integrity, and confidentiality of critical national information infrastructure including telecommunications and information systems of Kenya.”
It will also coordinate collection and analysis of cyber threats and response to cyber incidents that threaten cyberspace of the country.
Its scope will be inside and outside the country.
The Act provides for offences relating to computer systems such as unauthorized access, unauthorized disclosure of passwords, cyber espionage, publication of false information, child pornography among others.
It will also cover areas of computer forgery, computer fraud, cyber harassment, cybersquatting, cyber harassment, identity theft and impersonation, phishing, interception of electronic messages or money transfers, wilful misdirection of electronic messages, cyber terrorism and wrongful distribution of obscene or intimate image, and fraudulent use of electronic data.
Clause 12 of the Act, says that publishing of false or fictitious information will attract a Sh5 million fine or a two-year jail term.
Those found guilty of spreading child pornography face a fine of Sh20 million or 25 years in prison or both.
Cyber terrorism, according to the law attracts a maximum of Sh5 million in fines or 10 years in prison or both.