Rights groups applaud Court of Appeals decision on cybercrime law

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Civil society organisations in Kenya have welcomed a recent ruling by the Court of Appeal of Kenya that declared parts of the Computer Misuse and Cybercrimes Act unconstitutional.

They noted that the decision strengthens the protection of freedom of expression and digital rights.

During a press briefing, representatives from organisations involved in the case said the judgment striking down Sections 22 and 23 of the law marked an important milestone in the fight against restrictions on online speech.

“We appreciate that the Court of Appeal has declared two sections unconstitutional. However, there is still a lot of work to be done because other provisions remain in place,” said Demas Kiprono, Executive Director of the International Commission of Jurists (Kenya Section).

Kiprono explained that Section 22 criminalised the publication of false information, while Section 23 allowed prosecution of online statements considered defamatory.

Rights groups have argued that the provisions were frequently used to target bloggers, journalists and social media users who criticised public officials.

“These provisions have been used to charge content creators, human rights defenders and activists who were contributing to public discourse. We hope those who were prosecuted under these sections will now be discharged and that the law will no longer be used to silence free speech,” said Angela Minayo of ARTICLE 19 Eastern Africa.

Despite the ruling, they also raised concerns about other sections of the law that remain in force.

They pointed to Section 27, which creates the offence of cyber harassment, as well as investigative provisions that they say could enable intrusive digital surveillance.

“We dedicate this limited win to the young people who suffered under the fake news laws. Some were harassed and intimidated simply for expressing themselves online,” said Mercy Mutemi, Executive Director of the Oversight Lab.

Mutemi also warned that certain investigative powers under the Act could still allow authorities to monitor citizens’ digital activity, raising concerns about privacy and potential abuse.

The Civil society groups said they will review the judgment before deciding on their next steps.

“Among the options under consideration is moving the matter to the Supreme Court of Kenya to challenge other sections that civil society groups believe undermine constitutional freedoms,” Mutemi said.

She emphasised that the ruling reinforces the principles contained in the Constitution of Kenya 2010, which guarantees freedom of expression and the right of citizens to hold leaders accountable.