High Court Declares Key Sections of Computer Misuse & Cybercrimes Act Unconstitutional 

By Our Reporter Maurice Momanyi

The High Court has invalidated major provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, ruling that sections empowering the National Computer and Cybercrimes Coordination Committee (NC4) to block websites and creating the offence of cyber harassment are unconstitutional.

In a judgment delivered on Thursday, July 2, Justice Patricia Nyaundi ruled that the challenged provisions were vague, excessively broad and did not satisfy the constitutional requirements for limiting fundamental rights under Article 24 of the Constitution.

The court specifically nullified Sections 6(1) and 27(1) of the law, in a decision widely viewed as a major win for digital rights and freedom of expression. Critics had argued the provisions could be exploited to suppress online speech and restrict constitutional freedoms.

According to the court, the contested sections unjustifiably infringed on the constitutional rights to freedom of expression and media freedom in a petition brought by Kirinyaga Woman Representative Njeri Maina alongside other petitioners.

Before it was struck down, Section 6(1) authorised the National Computer and Cybercrimes Coordination Committee to direct that websites, applications and other online platforms be blocked if it determined they promoted unlawful activities, terrorism, religious extremism, cultism or indecent sexual material involving minors.

Meanwhile, Section 27(1) made cyber harassment a criminal offence by penalising online communication deemed likely to cause fear, negatively affect another individual or be considered grossly offensive.

“Section 6(1)(j)(a) has been struck down as unconstitutional. The State cannot stifle Kenyans’ rights and freedoms to free speech. A huge thank you to my advocates, George Sakimpa and Andrew Muge,” Njeri said after the ruling.

The latest judgment follows an earlier High Court intervention in October 2025, when enforcement of several provisions of the Computer Misuse and Cybercrimes (Amendment) Act was temporarily suspended pending the hearing of a constitutional petition.

Justice Lawrence Mugambi then issued conservatory orders stopping the implementation of Sections 27(1)(b), 27(1)(c) and 27(2) after a petition was filed by Reuben Kigame and the Kenya Human Rights Commission.

The petitioners maintained that the amendments posed a significant threat to digital rights and freedom of expression in the country.

Under Section 27 of the Act, anyone found guilty of the offence risked a fine of up to Ksh20 million, a jail term of up to 10 years, or both.

The ruling also comes ahead of a Supreme Court hearing on another constitutional challenge targeting provisions of the Computer Misuse and Cybercrimes Act, 2018, which permit State agencies to intercept phone calls, emails and other digital communications through court-approved surveillance orders.

That petition, certified as urgent in March, was filed by the Bloggers Association of Kenya (BAKE), the Law Society of Kenya (LSK), Article 19 Eastern Africa and the Kenya Union of Journalists after the Court of Appeal struck down some sections of the Act while leaving others intact.