The long-awaited decision in the Bloggers Association of Kenya (BAKE) petition against the Computer Misuse and Cybercrimes Act will be delivered on February 27, 2026, at the Court of Appeal in Nairobi. The judgment will be issued by a three-judge bench, with its outcome poised to have far-reaching implications for online freedoms in the country.
From the outset, BAKE has maintained that specific sections of the Act, including those related to “false information,” “cyber harassment,” and the “publication of misleading data”, are unconstitutional. The association argues that the law’s vague and open-ended language has been used to silence critical voices, intimidate citizens, and shrink the online space for free expression.
The negative consequences of the law, BAKE states, are evident in the arrests of bloggers and journalists for their work. In a tragic instance, the law was linked to the death of Albert Ojwang, who was reportedly tortured in police custody after being detained over “fake news.” The association contends that the Act criminalizes ordinary speech, which stifles creativity and undermines the fundamental freedoms guaranteed by Kenya’s Constitution.
The case has a complex history. When BAKE first filed its constitutional petition in May 2018, the High Court issued a landmark ruling suspending 26 sections of the law, a decision that protected online creators for nearly two years. However, in February 2020, the court dismissed the petition and reinstated all the challenged provisions, prompting BAKE to file the appeal that has been pending ever since.
Since the provisions were reinstated, the law has had a “chilling effect,” with bloggers and ordinary citizens alike facing charges for content that falls squarely within the bounds of free expression. This has led to widespread fear and self-censorship within the digital community.
“This case has always been about more than one law,” said Mercy Mutemi, a technology and digital rights lawyer representing BAKE. “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.”