City Affairs

Three suspects slapped with Sh300,000 cash bail for publishing false information

Three suspects have been charged with allegedly publishing false information contrary to Section 23 of the Computer Misuse and Cyber Crime Act. No. 5 of 2018.

By Lucy Mumbi | Tuesday, January 30, 2024

The three suspects were arrested after officers from DCI Headquarters conducted an operation in Mombasa, Kitengela and Nairobi.

Three suspects have been charged with allegedly publishing false information contrary to Section 23 of the Computer Misuse and Cyber Crime Act. No. 5 of 2018.

The three denied the charges on Monday before Chief Magistrates at Milimani Law Court and were later released on a bond of Sh200,000 each and surety of a similar amount or in the alternative Cash Bail of Sh100,000.

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The case will be mentioned on February 12, 2024, in Milimani Law Courts, Nairobi.

According to the DCI, the three went into hiding after committing the offence, which was reported by a complainant at Parklands Police Station.

"The three suspects were arrested after officers from DCI Headquarters conducted an operation in Mombasa, Kitengela and Nairobi where the three suspects had gone into hiding after committing the offence," the DCI said.

Cybercrime law

The Computer Misuse and Cybercrimes Act of 2018 (CMCA) was assented on May 16, 2018 and enacted on May 30, 2018.

It provides for offences relating to computer systems to enable timely and effective detection, prohibition, prevention, response, investigation, and prosecution of computer and cybercrimes.

It also helps in the facilitation of international cooperation in dealing with computer and cybercrime matters, and for connected purposes.

Section 23 of CMCA Act. No. 5 of 2018 notes that a person who is found with the offence of publishing false information shall be subjected to a fine not exceeding Sh5 million or ten years imprisonment.

"A person who knowingly publishes information that is false in print, broadcast, data or over a computer system, that is calculated or results in 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 million shillings or to imprisonment for a term not exceeding ten years, or to both," reads the Act.

The objectives of CMCA as provided by law include; protecting the confidentiality, integrity, and availability of computer systems programs and data, and preventing the unlawful use of computer systems.

In addition, it facilitates the prevention, detection, investigation, prosecution, and punishment of cybercrime.

It also protects the rights to privacy, freedom of expression, and access to information as guaranteed under the Constitution and facilitates international cooperation on matters covered under this Act.