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.
