The High Court on Tuesday issued conservatory orders suspending 25 provisions of the controversial Computer Misuse and Cybercrimes Act, 2018.
Justice Chacha Mwita issued the ruling on a case in which the Bloggers Association of Kenya (BAKE) is challenging the law that was assented to by President Uhuru Kenyatta on May 16.
The sections were suspended pending hearing and determination of the matter that will next be heard on July 18th, 2018.
Media practitioners and bloggers were up in arms over the law which they maintained would be used to stiffle freedom of expression and media freedom.
Among the suspended clauses are 22 and 23 on false publications which had been roundly criticized for failing to define 'fake/false news', thereby raising fears that it would to be used as a tool to silence.
[caption caption="Part of the ruling issued by Justice Chacha Mwita"]
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James Wamathai, Chief Executive Officer (CEO) at Wamathai Media and Partnerships Director at BAKE spoke to Kenyans.co.ke on the ruling and the law's impact on the country's blogging fraternity.
He asserted that the lack of a clear definition on 'fake news' and the heavy fines and penalties were meant to intimidate people.
"The law fails to define what is false news. That leaves interpretation to judicial officers, police officers and powers that be. In addition, the heavy fines have a chilling effect as they are meant to intimidate people from exploiting their rights, thereby infringing on their freedom of expression," he stated.
Wamathai stated that a sense of fear and worry had prevailed among members of the blogging community since the law was passed.
He further asked Kenyans to stand together against the law revealing that various organisations including BAKE had began awareness campaigns to ensure bloggers and members of the public in general understood it.
"Yes, this has already started and various institutions are holding the forums, including BAKE. It will take all of us to ensure awareness is everywhere including journalists and bloggers," he asserted.
[caption caption="James Wamathai"]
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