Thursday, August 20, 2026
Court Helicopter
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
No Result
View All Result
Court Helicopter
Home News

High Court Declares Website-Blocking Powers in Cybercrimes Amendment Act Unconstitutional

Justice Patricia Nyaundi also strikes down the offence of cyber harassment, ruling the provisions violated constitutional protections for freedom of expression and media freedom.

CH Reporter by CH Reporter
July 2, 2026
in News
0
High Court Declares Website-Blocking Powers in Cybercrimes Amendment Act Unconstitutional

The High Court has struck down provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, that allowed the blocking of websites and criminalised cyber harassment, ruling they violated constitutional protections for free expression and media freedom

Share on FacebookShare on TwitterShare on WhatsApp

The High Court has declared unconstitutional two key provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, including a section that allowed a State committee to order the blocking of websites and online applications without prior court approval.

In a judgment delivered on Thursday, Justice Patricia Nyaundi ruled that Section 6(1)(j)(a) of the Act violated the Constitution by granting excessive powers to the National Computer and Cybercrimes Coordination Committee, finding that it infringed on the rights to freedom of expression, media freedom and freedom of religion.

Related posts

Lawyer Omari Demands for President Ruto’s Statement in Chuka Law Student Cyber Harassment Case

August 18, 2026
High Court Clears Magistrate Alego to Complete Chelogoi Criminal Trial Despite Transfer to ELRC

High Court Clears Magistrate Alego to Complete Chelogoi Criminal Trial Despite Transfer to ELRC

August 18, 2026

The impugned provision had authorised the committee to direct internet service providers to disable access to websites and online platforms suspected of hosting content linked to terrorism, violent extremism, child sexual exploitation and other unlawful activities without first obtaining judicial authorisation.

Justice Nyaundi held that the law effectively empowered an administrative body to determine whether online content should be removed, amounting to prior restraint, one of the most serious forms of censorship, without adequate procedural safeguards or judicial oversight. The judge rejected the State’s argument that court supervision could be implied, noting that Parliament had expressly created separate provisions requiring judicial intervention in other enforcement mechanisms, demonstrating that the disputed section was intended to operate independently.

She further found that the State had failed to justify the limitation of constitutional rights under Article 24 of the Constitution, which requires any restriction on fundamental freedoms to be reasonable, necessary and justifiable in a democratic society.

The court warned that allowing the committee to block websites without prior judicial determination created a real risk of arbitrary enforcement and could have a chilling effect on online speech by encouraging self-censorship among internet users and digital platforms.

Justice Nyaundi also struck down Section 27(1)(b) of the Act, which criminalised communication considered likely to cause another person to commit suicide. She ruled that the provision was vague, overly broad and failed to clearly define the prohibited conduct, holding that criminal liability could not be imposed based on speculative standards or communication merely deemed “likely” to result in suicide.

However, the court dismissed challenges to the legislative process that led to the enactment of the amendments.

Justice Mande found that the National Assembly had conducted sufficient public participation before passing the Bill and held that the Senate’s involvement was not required because the legislation did not concern county governments.

The consolidated petitions therefore succeeded in part, with the High Court nullifying the provisions on website blocking without court approval and communication likely to cause another person to commit suicide, while upholding the remainder of the Computer Misuse and Cybercrimes (Amendment) Act, 2025.

Previous Post

Eight Utumishi Girls Minors Remanded Until September as Court Reserves Bail Ruling

Next Post

High Court Dismisses Kenya Railways Bid to Evict Muthurwa Estate Residents

CH Reporter

CH Reporter

Next Post
Aquamist Wins Appeal After Court Finds Former Employee Failed to Prove Resignation Letter Was Forged

High Court Dismisses Kenya Railways Bid to Evict Muthurwa Estate Residents

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

BROWSE BY CATEGORIES

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Photo-Story
  • World News

BROWSE BY TOPICS

#Safaricom #Sakaja Africa Creative Feature Human Rights IPOA Legal Today Maandamano Mathare News Populer sepulchral rights trend Video

POPULAR

Court Update

Former Migori Governor Okoth Obado Asks for Non-Custodial Sentence in Sharon Otieno Murder Case

by CH Reporter
August 18, 2026
0

Former Migori Governor Okoth Obado has asked the High Court to consider giving him a non-custodial sentence following his conviction...

Obado, Co-Convicts Await Pre-Sentence Reports Ahead of Sharon Otieno Murder Sentencing

August 18, 2026
Sharon Otieno’s Family Wants Obado to Give Them the House and Car He Had Promised Her Before Her Death.

Sharon Otieno’s Family Wants Obado to Give Them the House and Car He Had Promised Her Before Her Death.

August 18, 2026
High Court Clears Magistrate Alego to Complete Chelogoi Criminal Trial Despite Transfer to ELRC

High Court Clears Magistrate Alego to Complete Chelogoi Criminal Trial Despite Transfer to ELRC

August 18, 2026
Court Faults Withdrawal of Justice Mugambi’s Security After Masengeli Contempt Ruling

Court Faults Withdrawal of Justice Mugambi’s Security After Masengeli Contempt Ruling

August 20, 2026
High Court Reaffirms Gatoto School Ownership Orders, Summons DIG Lagat

High Court Reaffirms Gatoto School Ownership Orders, Summons DIG Lagat

August 18, 2026
Lawyer Angela Mulwa Released After Court Rejects 7-Day Detention Bid

Lawyer Angela Mulwa Released After Court Rejects 7-Day Detention Bid

August 19, 2026
LSK condemns fuel price hikes, demands urgent review and transparency

LSK Orders Misconduct Review of MPs Kaguchia, Kaluma Over Recent Remarks

August 19, 2026

3 Treasury Officials Among 9 to Face Charges Over KSh1.5B Misappropriation

August 18, 2026
Court Helicopter

Court and legal stories from around the country

Follow us on social media:

Recent News

  • Supreme Court Halts Recovery of Sh1.5bn Ruaraka Schools Compensation and Investigations Against Those Involved
  • Gatoto School Transition: Court Asked to Protect 1,800 Pupils From Disruption
  • Gatoto School’s New Owners Ordered To Pay 3 Police Officers Guarding The School During This Transition

Category

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Photo-Story
  • World News

Recent News

Supreme Court Halts Recovery of Sh1.5bn Ruaraka Schools Compensation and Investigations Against Those Involved

Supreme Court Halts Recovery of Sh1.5bn Ruaraka Schools Compensation and Investigations Against Those Involved

August 20, 2026
Gatoto School Transition: Court Asked to Protect 1,800 Pupils From Disruption

Gatoto School Transition: Court Asked to Protect 1,800 Pupils From Disruption

August 20, 2026

© 2026 Court Helicopter. All rights reserved.

No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa

© 2026 Court Helicopter. All rights reserved.