The Bloggers Association of Kenya (BAKE) has filed a petition against the Computer Misuse and Cybercrimes Act which it has deemed unconstitutional from the onset.
BAKE claims that various sections in the act are written in vague and open-ended language, making them easy to abuse. Terms such as “false information,” “cyber harassment,” “publication of misleading data”, and “investigation procedures” are unconstitutional and malicious and have been misused for long.
“This case has always been about more than one law,” said Mercy Mutemi, technology and digital rights lawyer at Nzili & Sumbi Advocates, who represents BAKE in the appeal. “It is about protecting the future of Kenya’s online freedoms and ensuring that the internet remains a space where creativity, accountability, and civic engagement can thrive.”
Instead of protecting Kenyans, they have been used to silence critical voices, intimidate ordinary citizens, and shrink our online space. Bloggers have been arrested for posts criticizing leaders, journalists have faced charges for their reporting, and in the most tragic case, Albert Ojwang lost his life after being arrested over “fake news” and tortured in police custody. Essentially, the Act turns normal speech into a crime, which discourages creativity, weakens public debate, and undermines the freedoms guaranteed to all of us under the Constitution.
BAKE first filed its constitutional petition in May 2018, the High Court issued conservatory orders suspending 26 sections of the law, a landmark decision that protected online voices from arbitrary prosecution for nearly two years. However, in February 2020, the High Court upheld all the challenged provisions and dismissed the petition, reinstating the laws in full. BAKE then filed an appeal, which has been pending since 2020.
In the years since, the chilling effect of these provisions has become evident. Bloggers, journalists, and ordinary citizens have faced charges under the Act, often for content that falls squarely within the bounds of free expression. The result has been fear, self-censorship, and a shrinking space for critical digital voices.
Therefore, the upcoming judgement will be a defining moment for Kenya’s digital future. Whichever way the court rules, the decision will have far-reaching implications for free expression, civic engagement, and the protection of rights in the online space.
As the nation awaits the Court of Appeal’s judgment, BAKE reaffirms its commitment to defending the rights of creators and pushing back against laws that undermine freedom of expression.
The long-awaited decision in the Bloggers Association of Kenya (BAKE) petition against the Computer Misuse and Cybercrimes Act will be delivered on February 27, 2026, at the Court of Appeal in Nairobi. The ruling will come from a three-judge bench comprising Justice Patrick O. Kiage, Justice Aggrey Muchelule, and Justice Weldon Kipyegon Korir.
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