In a major victory for freedom of speech and digital rights in Kenya, High Court Justice Patricia Mande today in a ruling declared parts of Kenya’s cyber crime law unconstitutional.
The judge struck down provisions that allowed the government to block websites and online content without a court order.
This decision is seen as Many people had complained that the law gave too much power to authorities to silence critics and control information online.
Justice Mande ruled that allowing government agencies to block websites without first getting approval from court violates the Constitution.
Such powers were considered too broad and open to abuse. They could be used to target journalists, bloggers, opposition voices, and ordinary citizens sharing information.
The judge emphasized that any restriction on access to information or freedom of expression must follow proper legal procedures, including judicial oversight.
Blocking websites without a court order was found to breach citizens’ rights to access information, freedom of the media, and privacy.
Kenya’s Computer Misuse and Cybercrimes Act (and its amendments) aimed to fight hacking, online fraud, and other digital crimes.
However, some sections gave security agencies wide powers to monitor, intercept, and block online platforms. Critics argued these rules were often misused against government opponents.
Today’s ruling limits those powers. It means the government cannot simply order internet service providers to shut down websites they don’t like.
A court must first review and approve such actions. This protects online debate, news websites, and social media platforms from arbitrary censorship.
Digital rights groups, bloggers, and media organizations welcomed the decision. They called it a step towards a more open internet. This brings relief to many Kenyans who use the internet daily.
While fighting cyber crime is important, it cannot come at the expense of basic freedoms. Kenyans can continue to access information more freely without fear of sudden website blocks.
