This is after yesterday’s comeback of the Computer Cyber Crime Act, which prohibits the harassment of a person by grossly abusive posts on the Internet.
The law was approved after restoration by the Court of Appeal on the 21st of December 24 laws that have been annulled by the High Court on the grounds that they were passed by the National Assembly without the Senate’s intervention.
The law goes into effect as an electoral term – in which people are prone to false and harmful claims about their opponents – enter.
The law was passed by the National Assembly in 2018 but was one of 23 laws that were annulled by the High Court in October 2020.
Drag of legal matters
“A person who intentionally publishes inaccurate, misleading, or fictitious data, or who misinforms information with the intent that the data is believed to be authentic or treated appropriately, with or without financial gain should be, commits a criminal offense and is fined more than 20 million shillings or a prison sentence of no more than 10 years “, says Clause 12 of the new law.
After the judgment called for National Assembly Speaker Justin Muturi yesterday urged the Senate to engage in dialogue and avoid bringing legal matters to justice.
“If we bring each other to justice, it is the people of Kenya who are losing , but they are the real reason for the establishment of the two houses. If the legislative process of either House is closed, it only means that Parliament cannot use or exercise its legislative power to address the concerns of the population, “said Muturi.
” I call on both Houses to work together and serve our people collectively, remembering that in the end, whenever there is a court battle between houses, it will never be a question of which house won, but how did Wanyiku lose? ” he said .
Former Majority Leader Aden Duale, who signed most of the Senate-rejected bills, said the court upheld him in the role of the National Assembly.
“I am happy and feeling Confirmed by the Court of Appeal ruling on the matter which caused the Senate to challenge more than 23 government sponsored statutes during my tenure as Majority Leader. Mr. Duale said.
“The 2010 Constitution set out the roles of the two very clearly. That judgment is very clear and has put the Senate in its role where it belongs. You will never intervene in the mandate of the National Assembly again, “added Mr. Duale.
After the verdict, Mr. Muturi instructed the House of Representatives to resume examination of the bills that were in various stages.
“I now order that the chairman of the majority party or the departmental committee on trade, industry and cooperatives introduce a bill for a parliamentary law amending the Sacco Societies Act, as provided for in the Sacco Societies (Amendment) Act should, which was declared unconstitutional by the appeals court, for expeditious review by the House of Representatives.
However, other lawmakers celebrated the court ruling, saying it had finally settled the eternal struggle for supremacy between the two Houses.
The Kiminini MP Chris Wamalwa said with the judgment of the appeals court, the eternal sibling rivalry should come to an end.
“The Se Nat should have a copy of this judgment. The sibling rivalry we’ve had is inappropriate. The Senate must accept that they are the House of Commons and that we are moving in together as a family, ”said Dr. Wamalwa.
MP from Kisumu West, Olago Aluoch, said the verdict made it clear that the senators were aware of their weight.