Parliament has taken the fight over Kenya's cyber laws to the Court of Appeal after moving to challenge a High Court decision that struck down two key provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, in a case that could shape how online content is regulated in the country.
The National Assembly, the Speaker of the National Assembly and Parliament of Kenya have filed a notice of appeal against the judgment delivered by Justice Patricia Nyaundi on July 2, 2026, seeking to overturn the entire decision.
According to the notice of appeal, the three institutions, listed as the 5th, 6th and 7th respondents in the case, have informed the Court of Appeal that they are dissatisfied with both the judgment and the decree issued by the High Court.
The appellants are now asking the Court of Appeal to set aside the ruling that declared two sections of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 unconstitutional.
In the landmark judgment, Justice Nyaundi declared Section 6(1)(jA) of the Act unconstitutional. The provision had given the National Computer and Cybercrimes Coordination Committee powers to direct that websites or online applications be blocked without first obtaining a court order.
The court found that the law breached constitutional safeguards by allowing the State to restrict access to online platforms without prior approval from the courts.
Justice Nyaundi also struck down Section 27(1)(b) of the Act, which made it an offence to communicate information considered likely to cause another person to commit suicide, ruling that the provision did not meet constitutional standards.
The decision was welcomed by digital rights advocates, who argued that the disputed sections threatened freedom of expression and could allow online content to be censored without adequate legal checks.
Parliament is now seeking to have the Court of Appeal overturn the High Court judgment and restore the two contested provisions of the law.