Lawyers File Petition for National Assembly to Amend Computer Misuse and Cybercrimes Act
Joshua Okayo, President of the Kenya School of Law student body, alongside two co-petitioners, has filed a formal petition to the National Assembly seeking amendments to the Computer Misuse and Cybercrimes Act.
The petition, filed on Monday, June 23, calls for the repeal of Sections 22 and 23 of the Act, which have recently come under fire following the government’s clampdown on Gen Z social media users voicing dissent.
“We, the Gen Z, were born in a digital age and our freedom to explore the digital space shall not be curtailed by a few individuals who know not integrity,” Okayo said in a statement.
According to the petition, the two sections have been used selectively to target critics, including bloggers, journalists, whistle-blowers, and content creators. The petitioners cited the recent arrests of Rose Njeri and Albert Ojwang as examples of abuse.
Section 22 of the Act criminalizes the publication of “false, misleading, or fictitious” data, with penalties of up to Ksh5 million in fines or two years in prison. Section 23 penalizes “false” publications that harm reputations, carrying a potential 10-year prison sentence or an equivalent fine.
“Sections 22 and 23 have been weaponised by the State and powerful individuals to punish critics and silence public discourse on certain issues,” the petition argues.
The petitioners are also asking Parliament to initiate a comprehensive review of the entire Act to ensure that any limitations on freedom of expression are in line with Article 33 of the Constitution. Article 33 guarantees freedom of expression, including artistic creativity and the right to impart and receive information.
Further, the petition urges lawmakers to align the Act with Kenya’s regional and international human rights obligations and relevant court rulings.
They also called on Parliament to take steps to prevent continued misuse of the criminal justice system to settle civil disputes or pursue personal and political vendettas.
The petition adds to mounting public pressure for legislative reform amid rising concerns over digital rights, surveillance, and state overreach in Kenya.
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Lawyers File Petition for National Assembly to Amend Computer Misuse and Cybercrimes Act