On Feb. 27, 2026, the Court of Appeal in Nairobi will deliver a long-awaited decision that could redefine the future of digital expression in Kenya. The ruling, from a three-judge bench, is the culmination of a legal battle waged by the Bloggers Association of Kenya (BAKE) against the Computer Misuse and Cybercrimes Act, a law that powerful figures have used to stifle free speech and the media in Kenya.
Since the Act was first introduced, BAKE has maintained that key provisions are unconstitutional. Sections related to “false information,” “cyber harassment,” and “publication of misleading data” are written in language so vague and broad that they are ripe for abuse. Instead of protecting citizens, they have been used to intimidate online voices, stifle public debate, and shrink the digital space where Kenyans share ideas and hold leaders accountable.
The consequences have been severe. Bloggers have been arrested for posts that criticize officials, journalists have faced charges for their reporting, and in a tragic instance, Albert Ojwang lost his life after being detained and tortured in police custody over “fake news.” The law, in essence, turns ordinary speech into a criminal act, creating a chilling effect that discourages creativity and weakens the foundational freedoms guaranteed by the Constitution.
This legal saga began in May 2018 when BAKE first filed a petition. A High Court initially issued a landmark decision, suspending 26 contentious sections of the law and providing a temporary shield for online expression. This protection, however, was short-lived. In February 2020, the court dismissed BAKE’s petition, upholding the challenged provisions in full and reinstating the laws. BAKE immediately appealed the decision, and the case has been pending ever since.
In the years that followed, the law’s chilling effect has become undeniable. Journalists, bloggers, and everyday citizens have faced charges for content that would, in a free society, be considered protected expression. The result has been a climate of fear and widespread self-censorship, as Kenyans hesitate to share their thoughts online, lest they become the next target.
Mercy Mutemi, a technology and digital rights lawyer representing BAKE, emphasized the stakes. “This case has always been about more than one law,” she said. “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.”
As a nation holds its breath, the Court of Appeal’s judgment looms as a defining moment. Regardless of the outcome, the ruling will have significant consequences for the future of free expression, civic engagement, and the protection of rights in Kenya’s digital landscape.
