LSK Moves to Supreme Court to Challenge Cybercrime Law Surveillance Powers
Law Society of Kenya and three media rights groups have moved to the Supreme Court of Kenya seeking to overturn sections of the cybercrime law they say allow excessive State surveillance and violate privacy and free expression rights.
File image of the Supreme Court of Kenya.
By Ruth Sang
Law Society of Kenya, together with Bloggers Association of Kenya, Article 19 East Africa and Kenya Union of Journalists, has filed a petition at the Supreme Court of Kenya seeking to nullify sections of the Computer Misuse and Cybercrimes Act, 2018 that they claim allow intrusive State surveillance and violate constitutional freedoms.
The petition challenges Sections 48 to 53 of the law, which permit authorities to intercept digital communications, access subscriber information and carry out searches during cybercrime investigations.
The case comes after a March 2026 ruling by the Court of Appeal of Kenya that invalidated Sections 22 and 23 of the Act, provisions that criminalised the publication of false information online.
In that decision, the appellate judges warned that the clauses were “akin to unguided missiles likely to net innocent citizens,” saying they threatened freedom of expression.
Despite striking down those sections, the Court of Appeal upheld the law’s surveillance provisions, prompting the petitioners to escalate the matter to the apex court.
According to court filings, the organisations argue that the contested sections give the State sweeping powers to monitor emails, phone calls and other electronic communications for up to nine months. They also fault provisions requiring internet service providers and telecommunications firms to hand over subscriber data to investigators.
The petitioners further claim the law allows officers executing data warrants to search people found at targeted premises without sufficient judicial oversight or safeguards.
“The issue before the court is whether these surveillance powers meet the constitutional threshold required in a democratic society,” the petition states.
The groups argue that the provisions violate Article 31 on the right to privacy and Article 33 on freedom of expression under the Kenyan Constitution.
The Supreme Court of Kenya has certified the matter as urgent, setting the stage for what could become a landmark ruling on digital rights, online freedoms and State surveillance in Kenya.
Among those named as respondents are the Office of the Director of Public Prosecutions, the Office of the Attorney General, the National Police Service and the National Assembly of Kenya.
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