The Court of Appeal has declared two provisions of the Computer Misuse and Cybercrimes Act unconstitutional.
In a court ruling, by a three-judge bench, Sections 22 and 23 of the Act were considered as being overly broad and likely to capture innocent persons.
According to section 22, it was an offence to knowingly publish false or misleading data intended to be treated as genuine.
The law had limit freedom of expression where such information could promote war, incite violence, amount to hate speech, spread ethnic hatred or discrimination, or harm the rights and reputation of others.
Court limits penalties for false publications
Offenders could face a fine of up to Ksh.5 million or two years in prison, or both.
According to section 23, it was an offence nowingly publishing false information that may cause panic, chaos, violence, or damage a person’s reputation.
Convicted offenders could face a fine of up to Ksh.5 million, up to 10 years in prison, or both.
However, the court held that the Parliament has the authority to create offences regulating conduct in cyberspace in order to protect the public from harassment, fraud and other online harms.
The judges noted that cyberspace cannot operate outside the reach of criminal law.
Despite that, the court said that sections 22 and 23 were too broadly framed and could potentially criminalise innocent conduct.
