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Originally published by Citizen DigitalMarch 6, 2026
8h ago
Publishing false statements is not a crime - Court of Appeal declares
Publishing false statements is not a crime - Court of Appeal declares..
✨ Key Highlights
The Court of Appeal has declared two sections of Kenya's Computer Misuse and Cybercrimes Act unconstitutional, while upholding the majority of the law related to online conduct.
- The court ruled that Sections 22 and 23, which criminalize the intentional publication of false or misleading information, are unconstitutional due to being overly broad and potentially ensnaring innocent individuals.
- The appeal was initiated by the Bloggers Association of Kenya (BAKE).
- While striking down those sections, the court affirmed Parliament's authority to regulate cyberspace to prevent harassment, fraud, and other online harms, and upheld provisions like Section 28 (cybersquatting).
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