The Director of Public Prosecutions (DPP) has moved to the Supreme Court, challenging a Court of Appeal decision that declared sections of the Computer Misuse and Cybercrime Act unconstitutional, setting up a major legal battle over online speech regulation in Kenya.
In a petition filed on April 14, 2026, the DPP is contesting a March 6 ruling issued in Nairobi by a three-judge bench comprising Justices Patrick Kiage, Aggrey Muchelule, and Weldon Korir.
The appellate court had nullified Sections 22 and 23 of the law, which criminalise the publication of false or misleading information online, finding that the provisions were too broad and risked punishing innocent conduct.
The judges held that the sections were “too broad to the extent that they are likely to net innocent persons,” raising constitutional concerns over freedom of expression.
However, the DPP is now asking the apex court to overturn that decision, arguing that the provisions are necessary to combat cybercrime and protect the public interest.
“The Office of the Director of Public Prosecutions (ODPP) has filed a petition before the Supreme Court of Kenya challenging the judgment of the Court of Appeal at Nairobi delivered on 6th March 2026 concerning the Computer Misuse and Cybercrime Act,” the office said.
In its filing, the prosecution says it is dissatisfied with the appellate court’s finding that Sections 22 and 23 are unconstitutional due to overbreadth, and wants the provisions reinstated.
“Through the petition, the ODPP seeks to have the Supreme Court overturn the appellate court’s judgment,” it added.
The case now places the Supreme Court at the centre of a defining constitutional question on how far the State can go in regulating online content while protecting digital rights and freedom of expression.
The DPP maintained that it remains committed to executing its mandate in line with the Constitution, public interest, and the rule of law.
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