The Court of Appeal of Kenya has struck down parts of the country’s cybercrime law, declaring sections of the Computer Misuse and Cybercrimes Act, 2018 unconstitutional in a landmark ruling on digital rights.
The judgment, delivered on Friday, March 6, followed a case filed by the Bloggers Association of Kenya (BAKE), which argued that Sections 22 and 23 of the law were overly broad and could be misused to target journalists, bloggers, and ordinary social media users.
The appellate court ruled that the provisions risked criminalising innocent online conduct, describing them as “unguided missiles” capable of capturing both content creators and people who simply share or forward information without malicious intent.
“In the end, this appeal partially succeeds to the extent that we find sections 22 and 23 of the Act unconstitutional for being so broad as to the extent that they are likely to net innocent persons,” the ruling read in part.
Judges said the law’s vague definition of false information made enforcement difficult and emphasised that freedom of political expression and public debate, particularly on matters of public interest, must be protected on digital platforms.
Most other provisions of the Act were upheld, with the court noting that they include adequate safeguards to balance online regulation with constitutional rights.
