By Brian Kiprono - Reporter
Kenya, 2 July 2026 - The High Court has struck down provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 that allowed the government to order websites and digital platforms to be blocked, in a ruling widely seen as a major victory for freedom of expression in Kenya.
In a judgment delivered on Thursday, Justice Patricia Nyaundi declared Sections 6(1) and 27(1) of the Act unconstitutional, saying the provisions were vague, overly broad and failed to meet the constitutional test for limiting fundamental rights.
The case was filed by Kirinyaga Woman Representative Jane Njeri Maina and other petitioners, who argued that the amendments threatened digital rights and free speech.
One of the nullified provisions had empowered the National Computer and Cybercrimes Coordination Committee (NC4) to direct internet service providers and digital platforms to block websites or applications it considered to be promoting unlawful activities, terrorism, religious extremism, cultism or indecent sexual content involving minors.
The court ruled that the powers unjustifiably limited the constitutional rights to freedom of expression and media freedom.
Justice Nyaundi also struck down the section creating the offence of cyber harassment, finding that its wording was too broad and could be used to criminalise protected speech.
The repealed provision had made it an offence to send online messages considered likely to cause fear, adversely affect another person or be deemed grossly offensive. Conviction carried a penalty of up to Sh20 million, 10 years' imprisonment, or both.
Reacting to the judgment, Njeri Maina welcomed the ruling, describing it as an important win for constitutional freedoms.
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"The High Court has declared unconstitutional the petition I filed challenging sections of the Computer Misuse and Cybercrimes (Amendment) Act, 2025. Section 6(1)(j)(a) has been struck down as unconstitutional. The State cannot stifle Kenyans' rights and freedoms to free speech," she said.
She also thanked her legal team for successfully challenging the law.
The ruling follows an earlier decision in October 2025, when the High Court temporarily suspended enforcement of several provisions of the amended Act after another constitutional petition filed by musician Reuben Kigame and the Kenya Human Rights Commission.
The latest judgment comes as the Supreme Court prepares to hear a separate petition challenging provisions of the original Computer Misuse and Cybercrimes Act, 2018, which permit State agencies to intercept phone calls, emails and other digital communications through court-issued surveillance orders.
The case has been brought by the Bloggers Association of Kenya (BAKE), the Law Society of Kenya (LSK), Article 19 Eastern Africa and the Kenya Union of Journalists, who argue that the provisions threaten privacy and freedom of expression.