*Dear Barrack,* 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 https://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 < kictanet@lists.kictanet.or.ke> 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 < kictanet@lists.kictanet.or.ke> 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*
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.