NAIROBI, Kenya, Nov 5 – Nairobi, Kenya — The Attorney General (AG) and the Communications Authority of Kenya (CAK) have urged the High Court to first hear and determine their application seeking to lift the suspension of sections of the Computer Misuse and Cybercrimes Act, before considering the consolidation of six petitions challenging the law.
Appearing before Justice Lawrence Mugambi, lawyers representing the AG and CAK argued that their application to vacate the suspension orders should take precedence, saying the interim orders were issued ex parte and without full participation of all affected parties.
Through their counsel Emmanuel Bitta and Paul Nyamodi for the AG, and Patrick Lutta for the CAK, the two offices maintained that the petitioners had failed to comply with the court’s earlier directive requiring them to serve the respondents with their submissions.
“We have no doubt that when the orders were issued, the court took into account that they were made ex parte and directed the petitioners to serve the respondents with the application and submissions. However, they did not comply with that order,” the AG’s office submitted.
The lawyers further insisted that the State should be given an opportunity to challenge the suspension of the law before any move to consolidate the six petitions is made.
“I urge that before hearing the application on consolidation, the court should first hear our application for stay and determine it,” the State submitted.
At least six petitions have been filed by various individuals and organizations challenging provisions of the Computer Misuse and Cybercrimes Act, arguing that the law infringes on constitutional rights, including freedom of expression and privacy.
Earlier this year, the court issued orders suspending the implementation of certain sections of the law pending the determination of the petitions. Those orders remain in force.
Justice Mugambi directed that the consolidated matters be mentioned tomorrow for further directions on the hearing of the applications.
The outcome of the State’s request could determine whether the suspended provisions of the cybercrime law — which deal with issues such as false publication, cyber harassment, and unauthorized access — remain inactive or are reinstated pending full determination of the petitions.
