Kenya: High Court ruled Section 6(1)(ja) and Section 27(1)(b) of Computer Misuse and Cybercrimes (Amendment) Act are unconstitutional

Description

High Court ruled Section 6(1)(ja) and Section 27(1)(b) of Computer Misuse and Cybercrimes (Amendment) Act are unconstitutional

On 2 July 2026, the High Court at Nairobi delivered judgment in Law Society of Kenya & 8 others v Attorney General & 17 others (Constitutional Petition E671, E673, E677, E698, E705 & E716 of 2025 (Consolidated)). The court declared Section 6(1)(ja) …

Scope

Policy Area
Content moderation
Policy Instrument
Content moderation authority governance
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2025-10-21
under deliberation

On 21 October 2025, the Law Society of Kenya filed Constitutional Petition E671 of 2025 at the High…

2025-10-22
under investigation

On 22 October 2025, Justice Lawrence N. Mugambi, sitting on behalf of Justice B. Mwamuye at the Hig…

2025-11-06
under investigation

On 6 November 2025, the High Court at Nairobi directed the consolidation of Constitutional Petition…

2026-07-02
in force

On 2 July 2026, the High Court at Nairobi delivered judgment in Law Society of Kenya & 8 others v A…