Kenya High Court finds parts of Cybercrimes Amendment Act unconstitutional

The High Court of Kenya has ruled that two provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, are unconstitutional.

The judgment was delivered by Justice Patricia Nyaundi at the High Court in Milimani, according to a statement issued on 2 July 2026 by ICJ Kenya, ARTICLE 19 Eastern Africa and the Bloggers Association of Kenya, with support from Amnesty International Kenya.

The Court found Section 6(1)(j)(a) unconstitutional. The provision allowed the National Computer and Cybercrimes Coordination Committee to disable access to websites and applications suspected of hosting unlawful content.

According to the statement, the Court found that the provision gave an administrative body broad powers to restrict online content without adequate safeguards or judicial oversight. It held that the measure amounted to unconstitutional prior restraint and did not meet the requirements for limiting rights under Article 24 of Kenya’s Constitution.

The Court also found Section 27(1)(b) unconstitutional. The provision criminalised communication considered likely to cause another person to die by suicide. Justice Nyaundi found that its wording was vague and overly broad and relied on uncertain standards.

The petitioners had argued that the provisions could enable website and platform restrictions and criminalise speech without sufficiently clear legal criteria.

ICJ Kenya, ARTICLE 19 Eastern Africa and BAKE welcomed the ruling, saying it strengthened protections for freedom of expression, access to information and digital rights.