Kenya’s High Court has declared key provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 unconstitutional, in a ruling welcomed by digital rights groups.
Justice Patricia Nyaundi delivered the judgment at the High Court in Milimani. The petition was filed by the Kenya Section of the International Commission of Jurists (ICJ Kenya), ARTICLE 19 Eastern Africa, and the Bloggers Association of Kenya (BAKE), with support from Amnesty International Kenya.
At the centre of the case was Section 6(1)(j)(a) of the amended law, which had granted the National Computer and Cybercrimes Coordination Committee (NC4) power to order internet service providers and digital platforms to block access to websites and applications suspected of hosting content linked to terrorism, violent extremism, or child sexual exploitation.
The Court found the law gave NC4 sweeping censorship powers without adequate judicial oversight. Justice Nyaundi ruled that allowing the committee to determine whether content should be blocked amounted to unconstitutional prior restraint.
The judgment held that the State failed to meet the threshold set by Article 24 of the Constitution, which requires any limitation on rights to be clear, necessary, proportionate, and demonstrably justifiable.
The Court also struck down Section 27(1)(b), which criminalised communication considered “likely” to cause another person to commit suicide. Justice Nyaundi found the provision vague and overly broad, relying on speculative standards rather than clearly defined conduct.
BAKE Chairperson Kennedy Kachwanya welcomed the ruling.
“This judgment restores our confidence in the judiciary and affirms that the internet is a space for free expression, not for censorship. We will continue to fight for a digital environment that is open, inclusive, and respectful of fundamental rights,” he said.
ICJ Kenya Chairperson Christine Alai said the judgment affirms that restrictions on online content must remain subject to judicial oversight rather than administrative discretion.
ARTICLE 19 Eastern Africa Acting Regional Director Patrick Mutahi described the decision as a victory for the digital rights of all Kenyans. He said the Court had rejected vague and overly broad provisions that criminalised speech based on speculative standards.
The ruling sets a precedent for future digital legislation in Kenya, reinforcing that content blocking and takedowns cannot be carried out through broad administrative powers alone.
Kenya has positioned itself as one of Africa’s leading digital economies, with growing activity in blogging, digital media, fintech, and online entrepreneurship. The petitioners said the judgment offers guidance for future policy-making, affirming that digital rights are human rights.
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