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The lack of laws that limit state access to citizens’ information further exacerbates this concern.
The proposed Cybercrime and Computer related Crimes Bill (2014) also falls short of constitutional guarantees as it is contains “broad” speech offences with potentially chilling effects on free speech.
See a full legal analysis of the Bill by Article 19.
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Authorities, however, seem to be shifting gear and using this charge among others against online journalists and bloggers that criticise the Kenyatta government.
In December 2014, blogger Robert Alai was arrested and charged with undermining the authority of a public officer contrary to Section 132 of the Penal Code by allegedly calling President Kenyatta an “adolescent president” in a blog.
In the same month, journalist Abraham Mutai was arrested following tweets he posted on corruption in the Isiolo County Government.
He was charged with the “misuse of a licensed communication platform to cause anxiety.” Nancy Mbindalah, an intern with the department of by Browser Shop" href="#" finance at the Embu County Government, was charged on similar grounds for social media posts dating as far back as 2013 in which she is alleged to have abused County Governor Martin Wambora.
Even though there is a provision for a warrant to be issued by a court of law, the broad definition of ‘national security’ leaves no room for restrictions on the extent of power the law grants to National Intelligence Service when it comes to accessing personal data, information and communications.
In February 2015, the Kenya High Court struck some clauses from the security law. Government says the new law is necessary to fight al Shabaab militants who have repeatedly rocked the country with fatal attacks such as the Westgate shopping centre attack on September 21, 2013, which left 67 people dead.
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