The High Court has declared key sections of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, unconstitutional, striking down provisions that gave the National Computer and Cybercrimes Coordination Committee powers to block websites and introduced the offence of cyber harassment.
In a ruling delivered on Thursday, July 2, Justice Patricia Nyaundi found that the contested provisions were vague, overly broad and failed to meet the constitutional threshold for limiting fundamental rights under Article 24 of the Constitution.
The decision, which struck down Sections 6(1) and 27(1) of the Act, has been hailed as a significant victory for online free expression, with the court nullifying provisions that critics argued could be used to restrict digital rights and freedom of speech.
The court held that the impugned provisions unjustifiably limited the constitutional rights to freedom of expression and media freedom, in a petition filed by Kirinyaga Woman Representative Njeri Maina and other petitioners.
Section 6(1) had granted the National Computer and Cybercrimes Coordination Committee (NC4) the power to issue directives requiring websites, applications and other digital platforms to be made inaccessible.
The provision applied where the committee determined that the platforms promoted unlawful activities, terrorism, religious extremism, cultism or indecent sexual content involving minors.
Section 27(1) had criminalised cyber harassment by making it an offence to send online communications that were likely to cause fear, adversely affect another person, or were considered grossly offensive.
“Section 6(1)(j)(a) has been struck down as unconstitutional. The State cannot stifle Kenyans’ rights and freedoms to free speech. A huge thank you to my advocates, George Sakimpa and Andrew Muge,” Njeri said shortly after the ruling.
The latest ruling mirrors an earlier intervention by the High Court in October 2025, when it temporarily suspended the enforcement of key provisions of the Computer Misuse and Cybercrimes (Amendment) Act, pending the determination of a constitutional petition.
At the time, Justice Lawrence Mugambi issued conservatory orders halting the implementation of Sections 27(1)(b), 27(1)(c) and 27(2) of the amended law after a petition was filed by Reuben Kigame and the Kenya Human Rights Commission.
The petitioners argued that the amendments posed a serious threat to digital rights and freedom of expression in Kenya.
Under Section 27 of the law, a person convicted of such an offence faces a fine of up to Ksh20 million, imprisonment for a term not exceeding 10 years, or both.
The ruling also comes as the Supreme Court prepares to hear another high-profile case challenging separate provisions of the Computer Misuse and Cybercrimes Act, 2018, that allow State agencies to intercept phone calls, emails and digital communications of Kenyans through court-issued surveillance orders.
The petition, which was certified as urgent in March, was filed by the Bloggers Association of Kenya (BAKE), the Law Society of Kenya (LSK), Article 19 Eastern Africa and the Kenya Union of Journalists following a Court of Appeal decision that struck down some sections of the law while upholding others.
