The Court of Appeal has declared Sections 22 and 23 of the Computer Misuse and Cybercrimes Act, 2018, unconstitutional.
In a ruling dated March 6, 2026, the court, led by Justices Patrick Kiage, Aggrey Muchelule, and Weldon Korir, described the sections as overly broad, untargeted, and likely to harm innocent social media users.
This partially overturns a previous High Court judgment that had upheld the provisions.
“Our assessment of sections 22 and 23 of the Act is that they are so broad, wide, untargeted, akin to unguided missiles, and likely to net innocent citizens,” read part of the ruling.
The court noted that these provisions could punish both originators and unintended forwarders of content, posing a threat to freedom of expression on social media.
Court Rules Against Criminalizing False Information on Social Media
According to the ruling, the court argued that restrictions on political speech or public debate must be narrowly tailored and proportionate to avoid potential harm to social media users.
“These provisions are a danger to the social media warriors on sentinel duty, day and night, who forward information without even reading it. In a world without universal truths or falsities, the offences may be difficult to prove,” read part of the ruling.
Earlier, the Bloggers Association of Kenya (BAKE) filed a petition against a ruling by the Attorney General, the Speaker of the National Assembly, the Inspector General of Police, and the Director of Public Prosecutions on the criminalization of social media posts.
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BAKE also challenged multiple sections of the Act, arguing that they violated constitutional rights, particularly the freedom of expression and protection from arbitrary interference.
Some of the sections challenged included:
- Section 22: False Publications – criminalizes the intentional publication of false or misleading information online, punishable by a fine of up to KSh 5 million or two years’ imprisonment.
- Section 23: Publication of False Information – makes it an offence to knowingly publish false information that could cause panic, chaos, or damage reputations, with penalties including fines up to KSh 5 million or imprisonment for up to ten years.
DCI Arrests Kenyan Over Cybercrimes
Harrison Nyende Mumia, the President of the Atheist Society of Kenya, was previously arrested and arraigned at Milimani Law Courts on charges of publishing false information on social media.
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Authorities stated that Mumia violated Section 22(1) of the Computer Misuse and Cybercrimes Act No. 5 of 2018.
On December 30, 2025, Mumia, using a pseudo-Facebook account under the name Robinson Kipruto Ngetich, was accused of knowingly circulating false information targeting state leadership.
Mumia faced four counts of false publication, but he pleaded not guilty. He was granted bail of KSh 1 million with one contact person or alternatively KSh 500,000 with two contact persons, and was ordered to deposit his passport with the court.
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