A new human rights assessment has raised concern that Kenya’s digital space is still exposed to control and surveillance risks, even after courts overturned parts of a law that had been used to police online speech.
In its latest first-quarter Technology and Human Rights Digest released on Wednesday, Amnesty International says that although recent court action has weakened some of the most contested cybercrime provisions, the wider legal environment still leaves room for abuse and uncertainty in how digital laws are enforced.
The report points to a major legal development this year, where the Court of Appeal of Kenya nullified Sections 22 and 23 of the Computer Misuse and Cybercrimes Act, which had for years been applied to regulate online content considered “false” or “misleading.”
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According to the organisation, those provisions were widely criticised for their broad wording, which lacked clear meaning and allowed room for subjective interpretation by authorities.
“People held back, activists self-censored and critics risked being targeted,” the organisation states in the digest.
Amnesty says the ruling has now placed a constitutional requirement on lawmakers and enforcers to ensure that any restrictions on speech are clearly written, necessary and balanced. It also notes that the decision has strengthened recognition of online platforms as spaces for public participation and expression.
“It reclaims digital space as civic space. Online platforms are not just communication tools but spaces for organising, dissent and democratic participation.”
Even with this legal victory, the organisation warns that the situation is not fully resolved. It argues that other provisions and enforcement practices still allow room for surveillance activities and possible misuse of digital evidence, which could continue to affect online freedoms.
Amnesty is now urging a wider review of all cyber-related laws, calling for stronger protections to prevent abuse and clearer accountability measures for those enforcing digital regulations. It warns that without reform, similar challenges could return under different legal provisions.
“If we don’t act, the same patterns will reappear, just under different laws.”
Beyond court decisions, the report highlights growing efforts to increase public awareness on digital rights and data protection. During World Privacy Week, community forums were held in Kwale and Nakuru counties to educate residents on how personal data is handled and protected.
These discussions led into the Data Privacy Conference 2026 in Mombasa, held under the theme ‘Trust the Data, Drive the Future,’ where participants focused on the need to balance innovation with protection of individual rights.
Speakers at the forum stressed that digital progress must not weaken privacy safeguards, with many emphasising that “protecting data is protecting people.”
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