AG, CA want vacation of orders suspending section of cybercrime laws

The respondents in a case filed by Reuben Kigame and Kenya Human Rights Commission (KHRC) have asked High Court Judge Lawrence Mugambi to first hear and determine their application seeking to vacate the orders that suspended the implementation of sections of the cybercrime laws.

Through their lawyers, the two said the court should prioritize their application before considering the consolidation of the six petitions challenging the legality of the contested provisions in the newly-signed amended Act. 

They argued that the orders suspending the laws were issued ex parte and that the petitioners failed to comply with the court’s directive requiring them to serve the respondents with their submissions.

“We have no doubt that when the orders were issued, the court took into account that they were made ex parte and directed the petitioners to serve the respondents with the application and submissions,” the Attorney General’s office submitted. 

The AG, through lawyer Emmanuel Bitta and Paul Nyamodi, and CA through lawyer Patrick Lutts maintained that the respondents should be given an opportunity to challenge the suspension of the laws before the petitions are consolidated.

“I urge that before hearing the application on consolidation, the court should first hear our application for stay and determine it,” the State submitted.

Lawyer Nyamodi further stated that the Court of Appeal is already seized with Civil Appeal No. 197 of 2010: Bloggers Association of Kenya v Attorney General & 4 others, where the constitutionality of Section 27 of the Computer Misuse and Cybercrimes Act is being contested on similar grounds.

According to the AG, it would be premature and prejudicial for the High Court to proceed with any application or to issue conservatory orders on a matter that is actively under consideration by the appellate court.

The AG now wants the High Court to stay or vacate the conservatory orders issued on October 22, pending the determination of the application and for the court to hear the matter on a priority basis.

A section of six petitions have been filed by various parties challenging the Computer Misuse and Cybercrimes Act, which they argue infringe on constitutional rights.

Orders suspending the Cybercrimes Act still remain enforce as the court had issued the orders pending hearing and determination of the case.

The court directed that the matters be mentioned on November 5, for further directions.