The High Court has declared key provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 unconstitutional, ruling that the State cannot block websites or online applications without judicial oversight.
In a judgment delivered on July 2, 2026, Justice Patricia Nyaundi found that the contested provisions violated constitutional guarantees on freedom of expression and media freedom by granting excessive powers to state agencies without adequate legal safeguards.
Among the provisions struck down was Section 6(1)(j)(a), which had empowered the National Computer and Cybercrimes Coordination Committee (NC4) to direct internet service providers to disable access to websites and online platforms suspected of hosting content linked to terrorism, child sexual exploitation or extreme religious cultism.
The court held that allowing such action without prior court approval amounted to unconstitutional prior restraint, opening the door to censorship and arbitrary interference with digital communication.
Justice Nyaundi also invalidated Section 27(1)(b), which expanded the offence of cyber harassment to include communications considered likely to cause another person to die by suicide. The court found the provision to be vague and overly subjective, making it unsuitable as the basis for criminal liability.
In the ruling, the judge emphasized that while the State has a legitimate interest in combating cybercrime and protecting the public, any limitation of constitutional rights must be reasonable, proportionate and subject to judicial oversight.