Why Judiciary has rejected some laws by Parliament

President Uhuru Kenyatta’s signing of the Computer Misuse and Cybercrime Bill into law was a step in the right direction. However, there are concerns over a few disputed sections in the new law, which may see it suffer the same fate as the Security laws, and more recently, the Tax Procedure Act that were rejected by the Judiciary.

In the mentioned instances, the Judiciary argued that the laws were infringing on the constitutional rights of Kenyans. Many Bills generated by Parliament have ended up in the dustbin because they are hurriedly packaged, thereby overlooking some important aspects of lawmaking.

Also, the Bills have too much content. Proposing many changes in a single document and trying to execute them in one sitting is inviting trouble.

Most of those who have been fighting these laws are the educated elite. This group appears to have a bone to pick with the political and ruling class. The originators and creators of Government Bills would achieve more if they brought in changes or reforms by way of piecemeal legislation targeting specific deficiencies.

Kenyans have a right to be protected from fake news, child pornography and other forms of cyber harassment. At the same time, they have a right to access Government data and know the inner workings of the State, how much is borrowed, what has been pilfered and by who, who gets what contract and those that get paid for shoddy jobs.

In fact, some parliamentary committees may close shop if all Government data becomes classified. Is it incitement when Kenyans debate on what is good for the country? When whistle blowers or the media let Kenyans know the truth based on accurate Government insider information - is that criminal? Some of the Bills meant to deal with corruption, tax evasion, and fake news are weak, hence failing the constitutional test.

Lawmakers must ensure reform-oriented laws do not contain what can be referred to as intermediary or periphery agenda. For now, there is fear that the new law may be used to silence Government critics and jail whistleblowers. But the Government will be the biggest winner in an environment where it is criticized and its data made accessible to the public for scrutiny.

The true mark of a statesman is when leaders can withstand criticism and tolerate the extremes of freedom of expression by citizens.