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Archive for the tag “Computer Misuse and Cybercrimes Act of 2018”

Planned established Task-Force against Corruption: What about the EACC, DPP, IGP, DCI, Ombudsman and AG in Kenya, aren’t all of them enough?

ODM LEADER Odinga says a task force to end corruption will be established, and that claims he has been silent on recent scandals are untrue” (Nation Breaking News, 26.05.2018).

That Raila Odinga has today on the 26th May 2018 has said there is soon an established a new taskforce to combat corruption in Kenya. Well, I have my doubt about there mandate and their place in the hierarchy. That is the Office of the Director of Public Prosecution (DPP) Noordin Haji, the Ethics and Anti-Corruption Commission (EACC) Chairman Eliud Wabukala, Inspector General of Police (IGP) Joseph Boinnet, Director of Criminal Investigation (DCI) George Kinoti, Ombudsman and Auditor General (AG) Paul Kihara Kariuki,

That a proclaimed new task-force seems insane and outrages, like they are playing and toying around the subject. They already has the DPP, EACC, IGP, DCI, Ombudsman and the AG. All of these should have more than enough provisions and mandate to stop the grand corruption, the minor corruption and the petty theft from public institutions. However, seemingly all of these are just cashing in their checks and take the small fry. As the Jubilee Party and the government are to preoccupied with eating, to see that they are eating state services. This corruption is so grand and big, that the state services are failing because of it. While the state is adding more and more debt to cover the shortfall, which is created by the government itself and feeding itself.

All of these agencies, institutions and security organizations should have the ability to cover, find and build cases to get people detained and convicted for corrupt behavior. However, that is not in the interest of the party and the heads of the state. They cannot be taken and their elites, which is eating of the plate. Cannot be touched or be questioned for their mischief against the state. They are allowed to steal and take public funds for personal gain. That is the evident activity.

Therefore, with this in mind. It is foolish to add-on a Task-force in the midst of all these bodies. Where is the mandate, who is it running too and what sort of legal boundaries does it have? What is the provisions for its activity and jurisdiction? Will it answer to the AG, IGP, Ombudsman, DCI or the DPP for that matter? Or will it be a part of the EACC, which is such a soft gum-ball of a government institution.

That is why it is healthy to ask what will it do, that all of these others are not already involved in and who do they answer too? Are they blind muppets of the EACC or anyone of the other organizations? Since there are so many to be under and who just needs the provisions and the legal framework to allow the Task-Force to work under them. If not are it totally separate, will to actually investigate the lack of investigations inside the others as well?

I don’t have the answers, but I feel there should be enough legal investigatory bodies within the republic to get rid of corruption. If the will was there and if the will was really there, it should be enough. All of them should have the capacity, the ability and the legal standing to combat corruption. However, they are either gutted, silenced or not being used properly, because the elites, cartels and the ruling regime is stopping what they could expose. That is how it seemingly is and how it clearly is pushed.

That since they don’t have the ability to fight it within the bodies that are there, but it is really a sign of failure, when all of these are irrelevant and the government might start yet another one. What about the rest? Are they there for the pay-check and go home? Is that it?

That is how it seems. Peace.

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Kenyatta’s Cybercrimes Act is a crackdown on all content online!

During this week, President Uhuru Kenyatta signed the Computer Misuse and Cybercrimes Act of 2018, meaning this is becoming actual law, that all citizens of Kenya has to comply to. As this is the legal framework and provisions, that can incriminate or be used against the citizens. They are really prepared to assault the digital world and the ones putting content online.

Two of these provisions, which is really cracking down on the online content is article 22 & 23:

22:“A person who intentionally publishes false, misleading or fictitious data or misinforms with intent that the data shall be considered or acted upon as authentic, with or without any financial gain, commits an offence and shall, on conviction, be liable to a fine not exceeding five millions shillings or to imprisionment for a term not exceeding two years, or to both”.

23: “A person who knowingly publishes information that is false in print, broadcast, data, or over a computer system, that is calculated or results in a panic, chaos, or violence among citizens of the Republic, or which is likely to discredit the reputation of a person commits an offence and shall on conviction, be liable to a fine not exceeding five millions shillings or to imprisionment for a term not exceeding ten years or to both”.

This is clearly attacking and if they finds something as fake, they can make the people liable and criminal. While the Jubilee party and President signed this off, their own party should be careful signing this off. As they have worked with Cambridge Analytica and Harris Media, created fake news and also spread wrongful deceitful messaging online. This has been deliberate by them during the General Election of 2017, as well as the Jubilee has spread fictitious promises. Just like the fantastic trains and massive stadiums. Therefore, Kenyatta should know better.

They will use this law to go against the likes of Cyprian Nyakundi and others. The ones like the Elephant and others. Who are not spreading the message of the state, but are questioning their powers. Kenyatta knows this, even his own Presidential Strategic Communications Unit (PSCU), who spread the news of an honorary title from the UNICEF to Kenyatta. Which was false, I even got caught in the hype. I know I did, because it seemed like possible, as a month before the WHO gave a Mugabe a title too. Therefore, I got pissed and felt it was unfair to give a title for championing youths, when he destroyed the lives of plenty with the crackdown on protests during the elections.

Therefore, this sort of bill should make sure the PSCU also get arrested on their malicious content and propaganda. Even the planned messages from the team around the President should be spotless, however, the PSCU isn’t. They should have been, since the President has sanctioned these provisions. Why I am concerned, as they are putting restrictions on others, but the Social Media program of the state itself has been questionable and attacked the public itself.

We now can see what the state wants to do to its own citizens, as the are getting stronger provisions to follow and to track, in the end also making their content illegal. This is not just for safety, because these sorts of laws can be used against whistleblowers, and even the ones who drops data online on frauds and such. Since its damaging for the government, this might be a criminal offense for some.

What is the definition of a panic? Is it that Kenyatta cannot stomach a beer? Is it that DP Ruto don’t get a handshake? What is the stakes? Because the provisions that matters for most of the citizens are vague, meaning it depends on the interpretation of the officers and judges. That is not a good signal, that is a bad one, however, doubt the PSCU will get into trouble. More like bloggers, writers and television journalists that suddenly will be detained, because Kenyatta didn’t like what they said, wrote or broadcast. Peace.

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