Judge Wilfrida Okwany has thrown out an application filed by the Attorney General (AG) seeking to have the suspension of the 26 sections of the Computer Misuse and Cybercrimes Act 2018 lifted pending the hearing and determination of the case. The sections will remain suspended until 5th November 2018.
Judge Okwany directed that the matter be placed before Judge Chacha Mwita on 5th November 2018 for directions and continuity of the case.
The AG had argued that the suspension ordered by Justice Chacha Mwita in a case filed by the Bloggers Association of Kenya (BAKE) was erroneous as it was heard and determined ex parte.
The Judge also heard the case filed by Law Society of Kenya (LSK) who are also challenging the Cybercrimes Law. She directed that the case be also placed before Judge Mwita. The Judge asked the parties to consider consolidating the cases.
BAKE filed a case in May 2018, contesting the unconstitutionality of 26 sections of the Cybercrimes Law.