The uproar against the signed Computer Misuse and Cyber-crimes Act has led one Geoffrey Maina to file a petition against the government for threatening the freedom and rights of Kenyans.
In his petition, Geoffrey claims that there was no public participation and that it threatens Kenyans rights to privacy under article 31 of the constitution, freedom of expression and opinion, freedom of media and the right to fair trial.
The suit is filed against the Attorney General (1st respondent), The National Assembly (2nd respondent), Director of Public Prosecution (3rd respondent) and the Inspector General of the National Police Service (4th respondent).
Through his Advocate, Peter Wanyama, Geoffrey claims that some sections of the act unreasonably restrict citizens’ right of access to information under Article 35 of the constitution
The petitioner is seeking redress from the High Court and to hear any question respecting the interpretation of the constitution from the respondents, including whether the law is inconsistent with or in contravention of the Constitution.
The law spells out harsh consequences for generating and spreading fake news on social media. One could now land you in jail for at least five years, or part with Sh5 million to pay in court fines.
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“Fake news is an offence under this bill, even when you receive fake news and forward it to another person, that’s an offence in this bill,” Leader of Majority in the National Assembly, Aden Duale said.
The law also targets cyberbullies and stalkers who if found guilty will serve a jail term of not more than 10 years or a Ksh.20 million fine or both.
Also targeted by the bill signed into law on May 16 are those individuals who alter information using Photoshop.
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