The Court of Appeal has declared two provisions of the Computer Misuse and Cybercrimes Act unconstitutional, ruling that they were drafted too broadly and could potentially criminalize innocent conduct.
In a judgment delivered on Friday, March 6, Justice Aggrey Muchelule said Sections 22 and 23 of the law were overly broad and risked unfairly targeting individuals who had not committed wrongdoing.
“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 court ruled.
However, the appellate court declined to overturn the rest of the High Court’s decision, stating that the remaining grounds raised in the appeal lacked merit.
“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.
On legal costs, the court noted that the matter raised significant constitutional questions and was of public interest. As a result, it directed that each party bear its own costs.
The judges said the case contributed to the continued development of Kenya’s constitutional framework and commended counsel for their extensive research and submissions.
The decision follows an earlier High Court ruling in Nairobi that temporarily suspended the enforcement of key provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025.
On October 22, Justice Lawrence Mugambi issued conservatory orders halting the implementation of Section 27(1)(b), (c), and (2) of the amendment law pending the hearing and determination of a petition challenging its legality.
The application was filed by gospel artist and human rights advocate Reuben Kigame alongside the Kenya Human Rights Commission (KHRC).
Justice Mugambi directed that the application be physically served on the respondents within three days, with proof of service filed thereafter. He further ordered that responses and submissions to the application be filed and served within seven days of service.
