Bloggers Association of Kenya (BAKE) has escalated its legal fight over the newly enacted Computer Misuse and Cybercrimes Act to the Supreme Court, now zeroing in on specific provisions it wants them overturned following a split decision by the Court of Appeal.
In a notice of appeal lodged after the March 6, 2026, judgment, BAKE says it is dissatisfied with parts of the appellate court’s findings, particularly those that reinstated or upheld sections of the law it considers unconstitutional
According to BAKE, the centre of the intended appeal are provisions relating to offences such as false publications, cyber harassment, and unauthorised interference with computer systems – clauses BAKE argues that could be used to police online speech and stifle dissent.
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“The appellant intends to challenge those portions of the judgment that upheld provisions which unjustifiably limit freedom of expression and digital rights,” BAKE states in its notice.
The dispute dates back to a petition filed by the association against the Office of the Attorney General and other state agencies, where it challenged multiple sections of the Act for allegedly granting the government sweeping surveillance and enforcement powers.
Among the contested areas are provisions criminalising the publication of “false” information, which BAKE argues are vague and prone to abuse, as well as sections allowing authorities to access computer systems and data without sufficient safeguards.
“The impugned provisions are overly broad and create a chilling effect on legitimate expression online,” the association argued in earlier proceedings
Initially, the High Court sided with BAKE and suspended several sections of the law, finding that they posed a risk to constitutional rights, including freedom of expression, privacy, and access to information.
However, the Court of Appeal later delivered a mixed ruling – upholding some of the High Court’s findings while overturning others and allowing certain provisions to remain in force.