20 February marks a turning point for Kenya's controversial
Computer Misuse and Cybercrimes Act, 2018 (the
"Act"). The suspension of critical
provisions that have been a subject of dispute since the Act
partially came into force on 30 May 2018, has now been lifted.
Yesterday, the High Court of Kenya ("High
Court") dismissed the Bloggers Association of
Kenya's ("BAKE") petition challenging the constitutionality and
legality of several provisions of the Act.
The Act is an important milestone in countering cybercrime
by:
- providing for offences relating to computer systems and the
establishment of the National Computer and Cybercrimes
Co-ordination Committee;
- protecting the confidentiality, integrity and availability of
computer systems, programs and data;
