A Milimani High Court has declared sections of the Computer Misuse and Cybercrime (Amendment) Act unconstitutional.
Some of the sections of the act empowered the National Computer Coordination Committee to block illegal websites and introduced the offence of cyber harassment.
On Thursday, July 1, 2026, Judge Patricia Nyaundi declared section 6(1)(j)(a) and section 27(1)(b) of the Computer Misuse and Cybercrimes Amendment Act unconstitutional.
“Section 6 (1) (j) (a) and section 27 (1) (b) of the Computer Misuse and Cybercrimes Amendment Act 2025 are declared unconstitutional; each party shall bear its own costs,” Judge Nyaundi ruled.
Nyaundi’s judgement is expected to be welcomed by the petitioners who argued that the act was designed to curtail freedom of online expression.
Limiting constitutional rights
According to the judge, the impugned provisions unjustifiably limited the constitutional rights to freedom of expression and media freedom.
Section 6(1) had granted the National Computer and Cybercrimes Coordination Committee (NC4) the power to issue directives requiring websites, applications and other digital platforms to be made inaccessible.
The provision applied where the committee determined that the platforms promoted unlawful activities, terrorism, religious extremism, cultism or indecent sexual content involving minors.
Section 27(1) had criminalised cyber harassment by making it an offence to send online communications that were likely to cause fear, adversely affect another person, or were considered grossly offensive.
Njeri Maina reacts
Kirinyaga Woman Representative Njeri Maina, who is among the petitioners, has reacted joyfully following the court ruling.
“We have won! The High Court has declared unconstitutional the petition I filed challenging sections of the Computer Misuse & Cybercrimes (Amendment) Act, 2025,” she said in a post on her Facebook page.
“Section 6 (1) (J) (a) has been declared unconstitutional!! The state can’t stifle Kenyans’ rights and freedoms to free speech! A huge thank you to my advocates, George Sakimpa & Andrew Muge!”
