The High Court has declared key sections of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, unconstitutional, striking down provisions that gave the National Computer and Cybercrimes Coordination Committee powers to block websites and introduced the offence of cyber harassment.

🇰🇪 Breaking It Down

In a ruling delivered on Thursday, July 2, Justice Patricia Nyaundi found that the contested provisions were vague, overly broad and failed to meet the constitutional threshold for limiting fundamental rights under Article 24 of the Constitution.

The decision, which struck down Sections 6(1) and 27(1) of the Act, has been hailed as a significant victory for online free expression, with the court nullifying provisions that critics argued could be used to restrict digital rights and freedom of speech.

The court held that the provisions unjustifiably limited constitutional rights to freedom of expression and media freedom.

📌 What You Need to Know

Section 6(1) had granted the National Computer and Cybercrimes Coordination Committee (NC4) the power to issue directives requiring websites, applications and other digital platforms to be made inaccessible.

The provision applied where the committee determined that the platforms promoted unlawful activities, terrorism, religious extremism, cultism or indecent sexual content involving minors.

📰 Source: Kenyans.co.ke