The High Court has struck down key provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, ruling that sections granting authorities powers to block websites and criminalising cyber harassment are unconstitutional.
In a judgment delivered on Thursday, Justice Patricia Nyaundi found that the contested provisions were too broad, lacked legal clarity and failed to meet the constitutional standards required to limit fundamental rights under Article 24 of the Constitution.
The ruling nullifies Sections 6(1) and 27(1) of the amended law, marking a major development in Kenya’s digital rights landscape. The decision has been welcomed by advocates of online freedom of expression, who had argued that the provisions could be used to suppress legitimate speech and restrict access to information.
Justice Nyaundi ruled that the challenged provisions unlawfully violated the right to freedom of expression and the freedom of the media, both guaranteed by the Constitution.
Section 6(1), one of the provisions that were declared unconstitutional, granted the National Computer and Cybercrime Co-ordination Committee (NC4) the power to render websites, mobile apps and other online platforms inaccessible.
The committee could use these powers where it believed that a particular platform was used to propagate activities that were not legally permitted, acts of terrorism, religious extremism, cultism or sexual content involving children.
But the court held that there was no clear boundary for the exercise of the powers in the law.
The judgment struck down Section 27(1) that criminalized cyber harassment as well. The rationale behind the decision to strike down this section is because it was worded in a way that was vague and overly broad.
In her judgment, Justice Nyaundi stated that all the laws that seek to limit the exercise of constitutional rights should be precise and should be proportionate to the right being limited. In her view, the challenged sections did not meet this criterion set by Article 24 of the Constitution that limits when and how rights can be restricted.
The judgment will certainly have ramifications in the future as far as regulations regarding online content in Kenya are concerned.
It is especially important in light of the Kenyan government’s efforts in improving their laws and regulations concerning cybercrimes and other security threats, especially now that they are putting much effort into building their cyber security capacity.
