BAKE Petition on Cybercrimes Law to Be Decided in February 2026

The Court of Appeal will on February 27, 2026, in a case challenging sections of the Computer Misuse and Cybercrimes Act.

The petition was filed by the Bloggers Association of Kenya (BAKE), which argues that the law has been used to silence critical voices and undermine online freedoms.

A three-judge bench comprising Justice Patrick O. Kiage, Justice Aggrey Muchelule, and Justice Weldon Kipyegon Korir will preside over the ruling in Nairobi.

The decision is expected to have far-reaching implications for free expression, civic engagement, and digital rights in Kenya.

From the outset, BAKE has taken issue with provisions in the law regarding false information, cyber harassment, the publication of misleading data, and investigation procedures. The association says these sections are vague and open to abuse, allowing authorities to target ordinary citizens, journalists, and bloggers.

In its petition, BAKE pointed to cases where individuals have faced arrest or charges for online posts criticising leaders. In one tragic case, Albert Ojwang reportedly lost his life after being arrested over what authorities termed “fake news” and tortured in custody.

“Instead of protecting Kenyans, these laws have been used to silence critical voices, intimidate ordinary citizens, and shrink our online space,” BAKE said in its statement.

“Essentially, the Act turns normal speech into a crime, which discourages creativity, weakens public debate, and undermines the freedoms guaranteed to all of us under the Constitution.”

The legal battle began in May 2018 when BAKE filed a constitutional petition. The High Court issued conservatory orders suspending 26 sections of the Act, a move that safeguarded online expression for almost two years.

However, in February 2020, the High Court dismissed the petition and upheld all the contested provisions. BAKE then appealed the decision, and the case has been pending ever since.

In the years that followed, critics say the impact of the law has been clear. Bloggers, journalists, and social media users have faced charges under the Act, creating fear and self-censorship across digital platforms.

“This case has always been about more than one law,” Mercy Mutemi, technology and digital rights lawyer at Nzili and Sumbi Advocates, who represents BAKE in the appeal, said.

Adding;

“It is about protecting the future of Kenya’s online freedoms and ensuring that the internet remains a space where creativity, accountability, and civic engagement can thrive.”

As the judgment date draws closer, BAKE has pledged to continue standing up for creators and pushing back against laws that it believes threaten free expression.