Kenyans have scored a major victory for online freedom of expression after the High Court declared key sections of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 unconstitutional, dealing a significant blow to the government’s efforts to regulate online content.
The landmark ruling arose from a petition filed by Kirinyaga Woman Representative Njeri Maina, with the court finding that some of the law’s provisions violated constitutional rights and gave the State powers that were too broad.
One of the sections struck down is Section 6(1), which allowed the National Computer and Cybercrimes Coordination Committee (NC4) to direct internet service providers and digital platforms to block websites, applications or online content suspected of promoting terrorism, extremism, child sexual abuse material or other unlawful activities.
The court found that the provision gave authorities sweeping powers without adequate safeguards, creating room for abuse and threatening the constitutional right to freedom of expression.
The judges also nullified Section 27(1) of the law, which created the offence of cyber harassment. The provision criminalised online communication considered likely to cause fear, emotional distress or deemed grossly offensive. According to the court, the wording was too vague and could easily be used to target people for expressing their views online.
Reacting to the judgment, Njeri Maina welcomed the decision, saying it was a victory for every Kenyan who values constitutional freedoms.
“We have won. The High Court has declared unconstitutional the petition I filed challenging sections of the Computer Misuse and Cybercrimes (Amendment) Act, 2025. The State cannot stifle Kenyans’ rights and freedoms to free speech,” she said.
The ruling is expected to be welcomed by journalists, bloggers, content creators, digital rights organisations and millions of Kenyans who rely on social media to express their views, with many having opposed the amendments over fears they could be used to silence criticism and censor online platforms.
While the government still retains powers to investigate and prosecute genuine cybercrime, the court made it clear that any law restricting fundamental rights must meet the constitutional threshold and should not be used as a tool to limit free expression.
The decision marks one of the biggest legal victories for digital rights in Kenya in recent years and is likely to shape how future laws regulating cyberspace are drafted and enforced.