Several Kenyans are planning to move to court to overturn Uhuru’s decision to assent into law the Cyber Crime Bill.Led by Okiya Omtatah,the lawyers and Kenyans of goodwill will convince the court that the supreme law of the land in Kenya is the Kenyan constitution, no other piece of law can supersede it
The constitution gives freedom and puts limit on the same.
Article 33 gives kenyans freedom of expression, the freedom is unlimited unless the information being expressed extends to;
•propaganda for war
•incitement to violence
•advocacy of hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm.
The constitution goes further in Article 34 to warn the state that it shall exercise control over or interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium or even penalized any person on the same.
We must agree that information may be not authentic, may be misleading, may be based on zero facts but does not extend to incitement, war or even vilification as per article 33(2) of the constitution.
It would then be unconstitutional for section 12 of The Computer and Cyber crime Act to create a punishable crime on any person who intentionally publishes False publications, misleading or fictitious data or misinforms with intent that the data shall be considered or acted upon as authentic, with or without any financial gain.
It would be even more unconstitutional to penalize for the same.
The Act might not be entirely unconstitutional but this section violates the tenents of Article 33 and 34 of the constitution.
Based on the facts above,it will be impossible for the law to come into effect.