Kenya’s Court of Appeal struck down criminal penalties for publishing “false information” online, a decision that weakens a cybercrime law rights groups say has been used to arrest bloggers, journalists, and social media users since 2018.
In a ruling delivered in Nairobi on Friday, a three-judge bench invalidated Sections 22 and 23 of the Computer Misuse and Cybercrimes Act, saying the provisions were vague and infringed constitutional protections for freedom of expression and media freedom.
The Bloggers Association of Kenya (BAKE), Article 19 Eastern Africa, the Kenya Union of Journalists, and other civil society groups filed the case in the Court of Appeal.
“This is not just a win for content creators or journalists. It is a win for every Kenyan who uses the internet to speak truth to power,” said Kennedy Kachwanya, chairperson of BAKE.
The judges, Patrick Kiage, Aggrey Muchelule, and Weldon Korir, said the offences relating to “false publications” and “false information” failed the constitutional test of clarity and risked criminalising ordinary online speech.
The court found the provisions were so broad that they could capture people who share information without knowing it is inaccurate. Criminalising “falsity,” the judges said, could suppress satire, opinion, and journalistic errors.
Kenya passed the Computer Misuse and Cybercrimes Act in 2018 to address online fraud, hacking, and digital harassment. From the start, media groups and digital rights activists challenged the law, arguing that some sections created a tool for policing online speech.
Several bloggers and social media users have been investigated or arrested under the law’s “false information” provisions since it came into force, drawing criticism from press freedom groups.
The High Court upheld most of the law in 2020, prompting the appeal that led to Friday’s ruling. Despite striking out the false information offences, the Court of Appeal left most of the statute intact.
Judges upheld provisions allowing investigators to seek court warrants to search and seize digital data, issue production orders requiring service providers to release subscriber information, and conduct real-time data collection during investigations.
The court also retained offences covering child sexual exploitation material and cybersquatting, which criminalise registering domain names in bad faith using another person’s trademark or identity.
Digital rights groups welcomed the ruling but said broader concerns remain about the law’s surveillance powers.
“The fake news offences have been weaponized time and time again to target journalists, content creators, members of the Public and anyone who dares to speak truth to power,” said Mercy Mutemi, BAKE’s lawyer.
The petitioners said they were reviewing the judgment and might pursue further legal action on sections they argue still threaten privacy and civil liberties online.
