Review cybercrimes law
What you need to know:
- KNCHR has pointed out that several provisions of the new law are contrary to the Constitution.
- Catholic bishops had earlier taken issue with the Cybercrimes Bill, saying it was “enacted in a hurry”.
Of the Bills assented to recently by President William Ruto, none has generated as much heat as the cybercrimes law. The Kenya National Commission on Human Rights (KNCHR), a government agency, has added its voice to the mounting criticism of the Computer Misuse and Cybercrimes (Amendment) Act, pointing out that several provisions of the new law are contrary to the Constitution.
Catholic bishops had earlier taken issue with the Cybercrimes Bill, saying it was “enacted in a hurry”. They have asked the government not to ignore the people’s concern that the new law could be used “to silence government critics, and violate the privacy rights, or even influence elections”.
Indeed, pressure is mounting on President Ruto to reconsider the contentious provisions of the controversial Act. The KNCHR has faulted the new law as legally defective and an onslaught on the freedom of thought and expression and the right to privacy guaranteed by the Constitution.
Infringe on fundamental rights and freedoms
The commission has cautioned that criminalising speech that “is deemed offensive, objectionable or undesirable by the State” jeopardises the country’s compliance with international obligations under various international laws.
The watchdog body has thus appealed to the Executive and Parliament to review and amend the provisions that risk criminalising legitimate criticism and dissent. Some are “mischievous, vague, too broad, and create ambiguity”, and could create room for punitive subjective interpretation likely to undermine the rule of law by creating opportunities for arbitrary and abusive enforcement.
Though intended to prohibit the use of electronic media to promote terrorism and religious extremism, the new Act has been denounced for the potential to infringe on fundamental rights and freedoms. The Law Society of Kenya and the KNCHR filed separate petitions, leading to the suspension by a court of some provisions until the hearing and determination of the matter. A good law must not be counterproductive.
