Kenyan Court Strikes Down Key Provisions of Cybercrimes Act
Nairobi, Kenya – Kenya’s Court of Appeal has declared sections 22 and 23 of the Computer Misuse and Cybercrimes Act unconstitutional, a ruling hailed by rights groups concerned about freedom of expression. The decision, delivered on March 6, centers on the vaguely worded provisions that critics argued risked criminalizing innocent citizens.
The three-judge bench, comprised of Korir Weldon Kipyegon, Aggrey Muchelule and Patrick Kiage, found the sections overly broad and lacking clear limitations. Section 22 previously made it an offense to intentionally publish false, misleading, or fictitious data with the intent it be considered authentic, punishable by a fine of up to 5 million Kenyan Shillings or a two-year prison sentence, or both. Section 23 similarly criminalized the knowing publication of false information likely to cause panic, chaos, or violence, or damage to reputation, with penalties reaching up to 10 years imprisonment and a 5 million Shilling fine.
The court argued the provisions were “akin to unguided missiles” and could inadvertently ensnare individuals simply sharing information online without knowing its veracity. The ruling suggests a particular concern that the law was being used to police social media activity.
The decision follows a similar suspension last year by the High Court of Kenya of Sections 27(1)(b), (c) and (2) relating to cyber harassment and false information, after concerns raised by organizations like the Kenya Human Rights Commission.
The government had defended the Computer Misuse and Cybercrimes (Amendment) Act, signed into law by President William Ruto in 2024 following protests, as necessary to combat terrorism, child exploitation, SIM-swap scams, and cyber fraud. However, the Court of Appeal’s ruling underscores the delicate balance between security concerns and the constitutional right to freedom of expression, guaranteed under Article 33 of the Kenyan Constitution, with limitations only permissible in cases of incitement to violence, hate speech, or war propaganda.
