Challenge to alterations in cybercrime legislation
The Computer Misuse and Cybercrime (Amendment) Bill, 2024, has stirred a heated debate in Kenya, with lawyer Evance Ndong leading the charge against the legislation. The Bill, sponsored by Wajir East MP Aden Daudi Mohamed, was introduced clandestinely through Kenya Gazette Supplement No. 156 of 9 August 2024.
Ndong argues that the Bill, currently being challenged in court, is vague and threatens fundamental rights. He claims the law offends the principle of legal certainty and undermines the right to a fair hearing under Article 50 of the Constitution.
The Bill, if passed, would vest unrestrained censorship discretion in an executive committee, according to Ndong. This, he argues, is a threat to the freedom of conscience, religion, thought, belief, and opinion, as secured by Article 32 of the Constitution.
The lawsuit, filed before the High Court in Nairobi, contends that the public was not involved in the amendments of the Cybercrime law, which have implications for believers. Ndong argues that the respondents have failed to adhere to the mandatory standards of Article 24.
The Bill includes Clause 3, which empowers the National Computer and Cybercrimes Coordination Committee to block websites and applications deemed to promote illegal activities, child pornography, terrorism, and extreme religious and cultic practices. Critics argue that this clause grants the government blanket authority to act against any religious organization.
The Senate committee and other state task forces had previously recommended a structured regulation of religious organizations. However, the Bill, according to Ndong, encroaches upon powers already vested in the police and the Director of Public Prosecutions.
Ndong further claims that the government is using the Shakahola saga to suppress the right to worship and belief. The Shakahola saga refers to a controversial raid on a religious group in 2019, which led to the arrest and detention of its members.
The case against the Attorney General, the National Assembly, and the Senate is a significant test of the rule of law and the protection of fundamental rights in Kenya. The outcome could have far-reaching implications for the balance of power between the executive, legislature, and judiciary, as well as the rights of religious minorities in the country.
