NAIROBI, Kenya – The Director of Public Prosecutions (DPP) has escalated the legal battle surrounding Kenya’s Computer Misuse and Cybercrimes Act, 2018, by moving to the Supreme Court to challenge a Court of Appeal decision that invalidated key provisions of the law.
The DPP is contesting the entire judgment delivered on March 6, 2026, in which appellate judges Patrick Kiage, Aggrey Muchelule, and Weldon Korir struck down Sections 22 and 23 of the Act, provisions that had been widely used to prosecute bloggers and online users.
The contested sections criminalized the publication of “false or misleading information” and so-called “fake news” deemed likely to cause panic or damage reputations.
The Court of Appeal struck down the two sections ruling that the provisions were unconstitutional due to their vague and overly broad wording.
The court found the provisions on Section 22, which penalised publishing “false” or “misleading” information with fines of up to Sh5 million or two years in jail risked being misused to criminalise innocent conduct, including legitimate expression, satire, personal opinion, and even legitimate journalistic errors.
In response, the DPP has formally indicated plans to appeal the “whole of the said decision,” seeking to reinstate the invalidated sections and preserve the Cybercrimes Act in its original form.
“The ODPP expresses dissatisfaction with the appellate court’s decision which declared sections 22 and 23 of the Act unconstitutional on grounds of overbreadth.”
The dispute has now evolved into a multi-front legal battle at the Supreme Court.
While the DPP is pushing to restore the struck-down provisions, the Bloggers Association of Kenya (BAKE) is challenging parts of the ruling that upheld other sections of the Act.
At the same time, civil society groups including the Law Society of Kenya (LSK), Article 19, and the Kenya Union of Journalists (KUJ) are also contesting provisions they argue threaten privacy and freedom of expression.
Notably, while the Court of Appeal nullified Sections 22 and 23, it upheld other parts of the law, including those addressing cyber harassment and unlawful data interception, stating they remain necessary tools in combating cybercrime.
The Supreme Court is now poised to make a landmark ruling that could redefine the balance between national security, digital regulation, and freedom of expression in Kenya’s evolving online space.
