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Kenya: Court of Appeal Nullifies Sections of Cybercrimes Act
Kenya's Court of Appeal struck down overly broad sections of the 2018 cybercrime law criminalizing false information, citing risks to free expression and potential misuse, legal experts said.
- On March 6, 2026, Kenya's Court of Appeal struck down Sections 23 of the 2018 law, describing them as 'so broad, wide, untargeted, akin to unguided missiles'.
- The Bloggers Association of Kenya challenged 26 provisions, arguing the law was vague and violated constitutional protections, while Section 22 prescribed fines up to Sh5 million or two years' imprisonment.
- Section 27 remains in force and was described by the court as 'clear', and Al Shifaa Media journalist Peter Maseke Mwita, charged in February, is due back in April.
- Advocates highlighted that the struck provisions had been widely misused by powerful individuals to gag unfavorable reporting, while Mercy Mutemi, lawyer who represented BAKE, called the decision a 'vindication' but warned 'the fight is not over'.
- Despite the ruling, significant reforms remain necessary, especially regarding provisions imposing lengthy sentences notably cyber harassment and threats to privacy rights, while the court rejected claims of unchecked state surveillance powers.
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13 Articles
Committee to Protect Journalists
Premium Times NigeriaKenya court strikes down ‘fake news’ sections of cyber law, upholds other problematic provisions
Kampala, March 6, 2026—The Committee to Protect Journalists welcomes Friday’s decision by Kenya’s Court of Appeal to strike down sections of the 2018 cybercrime law as a major victory for freedom of expression and the press. The Bloggers Association of Kenya (BAKE) challenged 26 provisions of the Computer Misuse and Cybercrimes Act, 2018, arguing that...
Court quashes sections of cybercrimes law used against bloggers, activists
The Court of Appeal in Nairobi has handed social media users and digital rights advocates a major legal victory by striking down key provisions criminalising online publication of “false or misleading information or fictitious data”. In a landmark decision, the three-judge bench on Friday unanimously declared Sections 22 and 23 of the Computer Misuse and […]
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