Kenya’s digital rights landscape is at a defining moment. Two landmark court rulings delivered in 2026 have significantly strengthened constitutional protections for freedom of expression online. At the same time, growing debate around cross-border health data sharing has brought issues of privacy, digital sovereignty, and the governance of sensitive personal data into sharper focus.
Against this backdrop, the Bloggers Association of Kenya (BAKE), in partnership with the International Commission of Jurists (ICJ Kenya) and ARTICLE 19 Eastern Africa, will convene a symposium to examine these developments and chart a path forward for Kenya’s digital future. The event will be on Tuesday, July 21 at Mageuzi Hub.
The symposium comes at a pivotal time for digital rights in Kenya. In March 2026, the Court of Appeal struck down Sections 22 and 23 of the Computer Misuse and Cybercrimes Act, ruling that provisions criminalizing false publications and false information unjustifiably limited freedom of expression. The decision reaffirmed the constitutional principle that restrictions on fundamental rights must be lawful, necessary, and proportionate.
Just months later, on 2 July 2026, the High Court declared Section 6(1)(j)(a) of the Computer Misuse and Cybercrimes (Amendment) Act unconstitutional. The ruling removed the executive’s authority to direct Internet Service Providers (ISPs) to block websites and online applications without prior judicial authorization, reinforcing the role of the courts in safeguarding constitutional rights and limiting administrative powers over digital spaces.
At the same time, questions surrounding the governance of sensitive health data have become increasingly prominent. Ongoing public discussions about cross-border health data-sharing arrangements have highlighted broader concerns around privacy, informed consent, data protection, and national digital sovereignty. This is in an era where advances in artificial intelligence continue to reshape how data can be collected, analysed, and potentially re-identified.
Discussions will explore the constitutional significance of the recent court decisions and their implications for freedom of expression, digital rights, and internet governance in Kenya. The conversation will further extend to Kenya’s approach to data governance, with particular attention given to cross-border health data sharing, the protection of sensitive personal information, and the opportunities and risks presented by artificial intelligence.
Event Details
- What: Digital rights and health symposium
- When: Tuesday, 21 July 2026, from 1:30 p.m. to 5:00 p.m. EAT
- Where: Mageuzi Hub, House No. 14, Metropolitan Court, Argwings Kodhek Road, Nairobi.
- RSVP to attend: forms.gle/7hr7pEEN2joDoanv9