The Attorney General and the Communications Authority of Kenya (CAK) have asked the High Court to prioritize their application seeking to lift the suspension of sections of the Computer Misuse and Cybercrimes Act before any other applications are heard in the ongoing petitions.
Appearing before Justice Lawrence Mugambi, lawyers representing the two offices argued that their application to vacate the suspension orders should take precedence over the proposed consolidation of six related petitions challenging the constitutionality of the cybercrime law.
Through lawyers Emmanuel Bitta and Paul Nyamodi for the Attorney General, and Patrick Lutta for the Communications Authority, the respondents told the court that the orders halting parts of the law were issued ex parte and without their input. They maintained that the petitioners also failed to comply with a court 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 AG’s office submitted. “However, they did not comply with that order.”
The State asked the court to first address their plea for stay before considering consolidation, arguing that the respondents must be allowed to contest the suspension.
“I urge that before hearing the application on consolidation, the court should first hear our application for stay and determine it,” the State submitted.
The six petitions, filed separately by various parties, challenge several provisions of the Computer Misuse and Cybercrimes Act, alleging that they infringe on fundamental rights and freedoms.
Orders suspending the contested sections remain in force pending the determination of the case. Justice Mugambi directed that the consolidated matters be mentioned tomorrow for further directions.
