Court Declares Parts of Kenya’s 2025 Cybercrimes Act Unconstitutional
The ruling came in a consolidated case led by the Law Society of Kenya against the attorney general, the Communications Authority of Kenya and other respondents.
Photo: Courtesy.
By Robert Mutasi
Kenya’s High Court on Wednesday declared key provisions of a 2025 cybercrimes law amendment unconstitutional, striking down sections that allowed an administrative body to block websites and criminalized online speech deemed likely to cause suicide.
Lady Justice Nyaundi Patricia Mande ruled that Section 6(1)(ja) and Section 27(1)(b) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, violated constitutional protections for freedom of expression, media freedom and fair administrative action.
The provisions empowered the National Computer and Cybercrimes Coordination Committee to unilaterally render websites or applications inaccessible if they were deemed to promote “unlawful activities,” “inappropriate sexual content of a minor,” “terrorism,” “religious extremism” or “cultism.” The court found this amounted to unconstitutional prior restraint without judicial oversight.
“By empowering an administrative committee to render a website or application inaccessible upon its own determination of prohibited content, the amendment authorizes the suppression of speech before it occurs,” Mande wrote.
The judge also invalidated the amendment to Section 27(1)(b), which criminalized communication that “detrimentally affects” a person or is “likely to cause that other person to commit suicide.” She described the language as vague, overbroad and lacking objective criteria, creating a chilling effect on protected speech.
The ruling came in a consolidated case led by the Law Society of Kenya against the attorney general, the Communications Authority of Kenya and other respondents. Several other petitioners, including activists and individuals, joined the challenge. The court allowed interested parties including the Kenya National Commission on Human Rights and Katiba Institute to participate.
Mande rejected arguments that the petitions were barred by res judicata from earlier litigation over the 2018 version of the law. She noted the 2025 amendments introduced new elements not previously adjudicated.
The court upheld the legislative process, finding adequate public participation and no requirement for Senate involvement since the amendments did not affect county government functions.
Partial victory for petitioners
The petitions sought broad declarations of unconstitutionality and orders quashing enforcement of the amendments. While the court struck down the two key sections and suspended their enforcement, it did not grant all requested relief. Each party was ordered to bear its own costs.
The government had defended the amendments as necessary to combat cyber-harassment, protect vulnerable groups including children and women, and safeguard national security in the digital space. Officials argued the measures included safeguards and were proportionate limitations under Article 24 of the Constitution.
Petitioners contended the amendments were imprecise, invited arbitrary enforcement and failed constitutional tests for limiting rights to expression, privacy and fair administrative action.
The ruling comes amid ongoing global debates over balancing online harms with fundamental freedoms in an era of rapidly evolving digital technology. Kenya’s 2010 Constitution strongly protects freedoms of expression and information while allowing limited, justifiable restrictions.
The full judgment was delivered virtually at Milimani High Court in Nairobi on July 2, 2026.
About Author
