Kenya's Court Strikes Down Repressive Cybercrimes Act Provisions in Free Speech Victory
Kenya's Court of Appeal has struck down key sections of the controversial Computer Misuse and Cybercrimes Act (CMCA) of 2018, marking a major win for journalists, activists, and the public after years of digital repression under vague laws targeting 'fake news' and online dissent.
The CMCA had led to widespread self-censorship among journalists and bloggers since its introduction, with high-profile arrests like blogger Cyprian Nyakundi in 2018 and activists during the 2022 protests becoming common. Media outlets also faced shutdowns and forced content removals under unclear 'cyberterrorism' provisions.
The Court of Appeal ruled that Sections 22 and 23, which criminalised publishing 'false information,' failed the constitutional test of clarity, violating freedoms of expression and media rights. However, the court left intact the Act's investigation procedures, which still permit mass surveillance.
Critics have raised concerns about the retention of Section 27, which imposes harsh penalties, arguing it remains a tool to suppress digital civic space. Meanwhile, the Bloggers Association of Kenya (BAKE) and other petitioners celebrated the judgment as a victory for online free speech.
The petitioners now plan to review the ruling and may pursue further legal action against remaining sections. The coalition behind the challenge is also considering an appeal to the Supreme Court. Additionally, the Office of the Director of Public Prosecutions has been urged to drop charges against those prosecuted under the now-invalidated clauses.
The ruling removes some of the most restrictive parts of the CMCA, easing fears of arbitrary arrests for online expression. Yet, concerns persist over remaining provisions, including surveillance powers and Section 27's penalties. The decision shifts focus to potential Supreme Court action and the fate of ongoing prosecutions under the struck-down laws.
Read also:
- American teenagers taking up farming roles previously filled by immigrants, a concept revisited from 1965's labor market shift.
- Weekly affairs in the German Federal Parliament (Bundestag)
- Landslide claims seven lives, injures six individuals while they work to restore a water channel in the northern region of Pakistan
- Escalating conflict in Sudan has prompted the United Nations to announce a critical gender crisis, highlighting the disproportionate impact of the ongoing violence on women and girls.
