Discussion: Shaping Kenya’s Cybersecurity Ecosystem
FYI … the cases that have been prosecuted under the CMCA have all been in
lower courts and thus not accessible via the Kenya Law Reports. As at last
year just slightly over 200 cases had been prosecuted. Of those only about
a third of those matters were successfully completed. A few were appealed
though.
There has been a challenge prosecuting CMCA related cases effectively due
lack of adequate capacity and so most of them that were not successfully
prosecuted had evidence challenges pertaining to its insufficiency,
improper/illegal collection, inconsistencies with requirements under the
Evidence Act and or unavailability of crucial evidence.
As such we need to enhance much need digital evidence collection,
preservation to ensure court admissible and sufficient evidence can be
adduced by enhancing the capacity of the legal cycle on such matters i.e.
law enforcement officers, prosecutors and the bench to ensure these matters
can be effectively prosecuted and justiciable decisions made from a space
of adequate competence of the CMCA related matters.
*Dear Ali,*
You had requested the link to the CMCA. For everyone’s information all
Kenyan Legislations are easily accessible online via this link
www.kenyalaw.org and so Listers can view all Kenyan legislations,
cases, gazette notices etc easily there.
Stay happy,
Mutheu.
On Wed, Aug 14, 2024 at 9:58 AM Barrack Otieno via KICTANet <
[email protected]> wrote:
> Good morning Daudi,
>
> Many thanks for your email. It would have been nice to have a summary of
> some of the cases that have involved the Computer Misuse and Cybercrimes
> Act and their outcomes to enable us ascertain the efficacy of the legal
> instrument.
>
> Thank you
>
> Best Regards
>
> Barrack O. Otieno
> +254721325277
> +254733206359
> Skype: barrack.otieno
> PGP ID: 0x2611D86A
>
>
>
>
>
>
> On Tue, 13 Aug 2024 at 14:23, David Indeje via KICTANet <
> [email protected]> wrote:
>
>> *Day 1: Section 1: Effectiveness in Preventing and Prosecuting
>> Cybercrimes *
>>
>> We invite you to participate in a three-day discussion on the Computer
>> Misuse and Cybercrimes Act (CMCA). Your insights will help us identify the
>> Act’s shortcomings and recommend improvements. After Day Three, we’ll host
>> an X Space for a more diverse discussion.
>>
>>
>> 1. In your opinion has the CMCA been effective in preventing
>> cybercrimes? If yes, in what specific areas?
>> 2. In your opinion what are the most common cybercrimes in Kenya, and
>> how effectively does the CMCA address them?
>> 3. Are there any provisions in the CMCA that you believe hinder
>> effective prosecution?
>> 4. What is the level of public awareness about cybercrime and the
>> CMCA?
>>
>>
>> *Section 2: The CMCA’s Impact on Privacy, Freedom of Expression, and
>> Access to Information.*
>>
>>
>> 1. How has the CMCA impacted privacy rights in Kenya? Are there
>> sufficient safeguards to protect personal data?
>> 2. To what extent does the CMCA restrict freedom of expression
>> online? Are there instances of overreach or misuse?
>> 3. Has the CMCA affected access to information, particularly for
>> marginalized groups?
>> 4. Are there any provisions in the CMCA that you believe
>> disproportionately affect certain groups or individuals? Kindly identify
>> them and state what basis you think they may be biased.
>>
>>
>>
>> —
>> *Kind Regards,*
>>
>> *David Indeje*
>>
>> *@**KICTANet* <www.kictanet.or.ke/>
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