NAIROBI, Kenya — Law Society of Kenya has moved to the Supreme Court of Kenya seeking to overturn sections of the Computer Misuse and Cybercrimes Act, 2018 that permit State surveillance of digital communications.
The petition targets Sections 48 to 53 of the law, which allow authorities to intercept emails, phone calls, and other digital communications, compel service providers to surrender subscriber information, and conduct searches linked to cybercrime investigations.
LSK argues that the provisions grant sweeping surveillance powers with inadequate judicial safeguards, raising concerns over privacy rights and freedom of expression protected under the Constitution.
The case follows a March 2026 ruling by the Court of Appeal of Kenya that struck down Sections 22 and 23 of the Act, which criminalised the publication of “false” or “misleading” information online.
In its judgment, the appellate court described the provisions as “unguided missiles” capable of ensnaring innocent citizens and infringing constitutional freedoms.
However, the court upheld Sections 48 to 53, allowing the State to continue exercising surveillance and interception powers under the Act.
According to LSK, the contested provisions permit authorities to monitor private communications for up to nine months and authorise searches of individuals found on premises covered by cybercrime-related warrants.
The lawyers’ body says the provisions fail to meet constitutional standards under Article 31, which guarantees the right to privacy, and Article 33, which protects freedom of expression.
The petition has been filed jointly with the Bloggers Association of Kenya, ARTICLE 19 Eastern Africa, and the Kenya Union of Journalists.
The organisations argue that unchecked digital surveillance could expose journalists, activists, whistleblowers, and ordinary citizens to abuse and unlawful monitoring.
The Supreme Court has certified the matter as urgent, paving the way for an expedited hearing that could shape the future of digital rights and State surveillance in Kenya.
