Sunday, July 19, 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

Speaker Wetang’ula Confirms Presidential Ambitions As Speakers Fight Bid to Bar Them From Political Campaigns

Speaker Wetang’ula Confirms Presidential Ambitions As Speakers Fight Bid to Bar Them From Political Campaigns

July 17, 2026
High Court Declares Maraga Advisory on Parliament Dissolution Unconstitutional

Case filed Seeking to Block JSC from Releasing Judges’ Performance Scores

July 15, 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

Lawyer Omari Demands KSh100 Million From TV47 For Calling Him a ‘Self-Proclaimed Advocate’
News

Lawyer Omari Demands KSh100 Million From TV47 For Calling Him a ‘Self-Proclaimed Advocate’

by Bramuel Wanzala
July 13, 2026
0

Lawyer Danstan Omari has demanded KSh100 million in compensation and an unconditional public apology from TV47 Kenya, accusing the media...

Peter Oyan Withdraws Complaint Against TV47 After DCI Verifies His HIV Medical Records

Peter Oyan Withdraws Complaint Against TV47 After DCI Verifies His HIV Medical Records

July 16, 2026
Ex-KDF Major Sentenced to Life Imprisonment for Killing His Wife and Two Kids

Ex-KDF Major Sentenced to Life Imprisonment for Killing His Wife and Two Kids

July 14, 2026
Six Suspects to Remain in Custody Over Fake Madaraka Express Ticket Fraud

Six Suspects to Remain in Custody Over Fake Madaraka Express Ticket Fraud

July 14, 2026
David Mokaya’s Sh200 Million Privacy Case Against Safaricom Consolidated with LSK Data Sharing Petition

David Mokaya’s Sh200 Million Privacy Case Against Safaricom Consolidated with LSK Data Sharing Petition

July 16, 2026
Court Finds Ruto’s Cabinet Unconstitutional, Orders Fresh Appointments Within 120 Days to Meet Gender Rule

Court Ends Long-Running Islamic Burial Dispute Finds Deceased Converted to Islam

July 16, 2026
Prof Tom Ojienda Faces Court Challenge Over KSh120 Million Legal Fees Claim

Prof Tom Ojienda Faces Court Challenge Over KSh120 Million Legal Fees Claim

July 16, 2026
The Lawyer with No Religion: Wakili Danstan Omari’s Defence of Faiths He Does Not Profess

The Lawyer with No Religion: Wakili Danstan Omari’s Defence of Faiths He Does Not Profess

July 16, 2026
Mamliz Towers Owners Charged with Manslaughter Over Fatal Building Collapse

Mamliz Towers Owners Charged with Manslaughter Over Fatal Building Collapse

July 15, 2026
Court Helicopter

Court and legal stories from around the country

Follow us on social media:

Recent News

  • High Court Clears Construction of 52km Aberdare Road, Dismisses Petition Seeking To Block The Constitution
  • High Court Nullifies KSh12 Billion Ngong-Riruta Railway Project Over Constitutional Breaches
  • Speaker Wetang’ula Confirms Presidential Ambitions As Speakers Fight Bid to Bar Them From Political Campaigns

Category

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

Recent News

High Court Clears Construction of 52km Aberdare Road, Dismisses Petition Seeking To Block The Constitution

High Court Clears Construction of 52km Aberdare Road, Dismisses Petition Seeking To Block The Constitution

July 17, 2026
High Court Nullifies KSh12 Billion Ngong-Riruta Railway Project Over Constitutional Breaches

High Court Nullifies KSh12 Billion Ngong-Riruta Railway Project Over Constitutional Breaches

July 17, 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.