Parliament to appeal High Court ruling declaring parts of Cybercrimes Act unconstitutional

Parliament has filed a notice of appeal challenging the High Court judgment that declared two provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 unconstitutional.

According to the notice of appeal, the National Assembly, the Speaker of the National Assembly and Parliament of Kenya, named as the 5th, 6th and 7th respondents in the case, have notified the Court of Appeal that they intend to challenge the entire judgment delivered by Justice Patricia Nyaundi on July 2, 2026.

The notice states that the appellants are dissatisfied with both the judgment and the decree of the High Court and will seek to have the decision overturned by the Court of Appeal.

In the landmark ruling, Justice Nyaundi declared unconstitutional Section 6(1)(jA) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, which had granted the National Computer and Cybercrimes Coordination Committee powers to direct that websites or online applications be blocked without first obtaining a court order.

The judge held that the provision violated constitutional safeguards by allowing the State to restrict access to online platforms without prior judicial oversight.

The court also invalidated Section 27(1)(b) of the Act, which criminalised communication deemed likely to cause another person to commit suicide, finding that the provision did not meet constitutional standards.

The ruling was widely viewed as a major victory for digital rights advocates, who had argued that the impugned provisions threatened freedom of expression and opened the door to arbitrary censorship of online content.

Parliament is now seeking to have the Court of Appeal overturn the High Court's decision.