The Court of Appeal has declared two sections of the Computer Misuse and Cybercrimes Act unconstitutional.
In a ruling on Friday, March 6, Justice Aggrey Muchelule said the sections were drafted too broadly and could potentially criminalize innocent conduct.
"In the end, this appeal partially succeeds to the extent that we find sections 22 and 23 of the Computer Misuse and CyberCrime Act unconstitutional for being too broad to the extent that they are likely to net innocent persons," the ruling read.
Despite striking down the two sections, the court declined to interfere with the rest of the High Court’s findings, concluding that the other arguments raised in the appeal did not justify overturning the earlier judgment.
"It is only to this extent that we vary the High Court judgment. Otherwise, all the other grounds of appeal are found to be without merit and are hereby dismissed," the ruling added.
Read More
Muchelule also addressed the issue of legal costs, noting that the case raised important constitutional questions affecting the public and the broader development of the country’s legal framework.
"With regard to the costs of this appeal, we hold the view that this is a matter of public interest and considering the importance of the arguments advanced by the parties in the continuing construction of our constitutional architecture, for which we thank and commend learned counsel for their industry in research and erudite submissions, the appropriate order is to direct the parties to meet their own costs of the appeal, which we hereby do," the ruling further read.
The ruling comes months after the High Court in Nairobi suspended the implementation of key provisions of the controversial Computer Misuse and Cybercrimes (Amendment) Act, 2025, pending the hearing and determination of a petition challenging its legality.
Justice Lawrence Mugambi issued the conservatory orders on Tuesday, October 22, following an application filed by gospel artist and human rights advocate Reuben Kigame and the Kenya Human Rights Commission (KHRC).
In his ruling, Mugambi directed that the application and its submissions be physically served on the respondents within three days, with proof of service to be filed thereafter.
"Pending the hearing and determination of this application, a conservatory order is hereby issued suspending the enforcement, implementation, and operation of Section 27(1)(b), (c) and (2) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025," the order reads in part.
The court directed that responses and submissions to the application be filed and served within seven days from the date of service.
