Update on the Computer Misuse and Cybercrimes Act Case

We, The Bloggers Association of Kenya (BAKE) wish to update our members, partners, and the public on the status of our long-standing legal challenge to the Computer Misuse and Cybercrimes Act, 2018.

Our case, Civil Appeal No. 197 of 2020 – Bloggers Association of Kenya versus the Attorney General and 6 Others, was heard before the Court of Appeal of Kenya on 17th September 2025 by Honourable Justices Kiage, Muchelule and Weldon Korir.

At the conclusion of the hearing, the Court reserved its judgment and later indicated that the decision would be delivered on 27th February 2026. However, as of today, March 3, 2026, no judgment has been received by the parties, nor has any official communication been issued regarding its delivery.

Following the absence of the anticipated decision on 27th February 2026, BAKE’s advocates, Nzili & Sumbi Advocates, formally wrote to the Registrar of the Court of Appeal on 2nd March 2026 seeking confirmation on whether the judgment has been delivered and, if so, requesting that it be transmitted to the parties without further delay. We are currently awaiting official communication from the Court.

This appeal is part of BAKE’s continued legal challenge to provisions within the Computer Misuse and Cybercrimes Act, 2018 that have significant implications for freedom of expression, digital rights, and online civic engagement in Kenya.

Over the years, the law has been invoked in cases touching on online speech, raising important constitutional questions about the balance between regulation and the protection of fundamental rights. The pending judgment is therefore critical not only for BAKE as an organization, but also for bloggers, journalists, content creators, and the broader online community whose work and expression may be affected by the interpretation and application of this law.

We recognize that many stakeholders have been awaiting this judgment alongside us. BAKE remains committed to transparency and will promptly inform the public once official communication is received. Upon delivery of the judgment, we will also provide a comprehensive analysis outlining its implications for digital rights and freedom of expression in Kenya. We appreciate the continued support and engagement of our members and partners as we await the Court’s direction on this important matter.

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