The Court of Appeal in Nairobi is set to issue its judgment in the Bloggers Association of Kenya (BAKE) petition challenging the constitutionality of the Computer Misuse and Cybercrimes Act.
The ruling, scheduled for February 27, 2026, will be delivered by a three-judge bench comprising Justice Patrick O. Kiage, Justice Aggrey Muchelule, and Justice Weldon Kipyegon Korir.
BAKE filed the constitutional petition in May 2018, arguing that several provisions of the Act—specifically those addressing false information, cyber harassment, publication of misleading data, and investigative procedures—are vague, overly broad, and prone to abuse.
The association contends that these sections have been used to suppress dissent, intimidate citizens, and criminalise legitimate online expression.
Following the initial filing, the High Court issued conservatory orders suspending 26 sections of the law, a move hailed as a landmark protection for digital rights. However, in February 2020, the High Court dismissed the petition and reinstated the contested provisions. BAKE subsequently filed an appeal, which has remained pending for over five years.
The petition has drawn attention to the impact of the law on freedom of expression in Kenya. Bloggers and journalists have faced arrests and charges under the Act, with documented cases of intimidation and, in one instance, the death of Albert Ojwang following alleged torture in police custody after being accused of spreading false information.
Digital rights advocates argue that the law has created a chilling effect, leading to self-censorship and a decline in civic engagement online. The upcoming judgment is expected to set a precedent for how digital freedoms are protected under Kenya’s Constitution.
“This case has always been about more than one law,” said Mercy Mutemi, counsel for BAKE and a technology and digital rights lawyer at Nzili & Sumbi Advocates. “It is about safeguarding the future of Kenya’s online space and ensuring that it remains a platform for creativity, accountability, and civic participation.”
The 2026 ruling will have significant implications for content creators, journalists, and citizens who rely on digital platforms for expression and advocacy.
BAKE has reiterated its commitment to defending online freedoms and challenging legislation that undermines constitutional rights.
