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Court says orders suspending Cyber Crimes Act to remain in force

Justice Okwany has dismissed an application by the Attorney General seeking review of the orders obtained by Bloggers Association saying it lacks merit/file

NAIROBI, Kenya, Oct 4 – The High Court has directed that orders suspending the law on Cyber Crimes Act will remain in force pending the determination of a suit by bloggers contesting it.

This follows a decision by Justice Wilfrida Okwany to remove the temporary orders issued in May.

Justice Okwany has dismissed an application by the Attorney General seeking review of the orders obtained by Bloggers Association saying it lacks merit.

According to the judge, the State has not satisfied the court nor demonstrated that the orders sought are justified.

The chief government legal advisor had implored the court to set aside the orders arguing that public interest was not considered when they were issued.

It was the Attorney General’s argument that the orders have suspended provisions which are not under scrutiny.

“The restraining orders creates gaps in law with respect to offenses created under the Act,” he argued.

In the case, Bloggers have imputed the recent law arguing that implementation of the legislation raises an imminent danger to the Bill of Rights through arrests and prosecutions.

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