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Originally published by Techish Kenya
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March 6, 2026
3h ago

Court Strikes Down Kenya’s ‘Fake News’ Laws, But Upholds Police Spying Powers.

Court Strikes Down Kenya’s ‘Fake News’ Laws, But Upholds Police Spying Powers.

Kenya's fake news law is dead, but state surveillance and ambiguous harassment clauses remain. Read our complete analysis here:..

✨ Key Highlights

Kenya's Court of Appeal has struck down key sections of the Computer Misuse and Cybercrimes Act (2018) that criminalised the sharing of "fake news," offering a significant victory for free expression. However, the ruling also cemented police powers for digital surveillance and data collection.

  • Sections 22 and 23, which carried a penalty of up to 10 years in prison for spreading false information, were deemed unconstitutional by the court.
  • Key petitioners included the Bloggers Association of Kenya (BAKE), Article19 Eastern Africa, the Kenya Union of Journalists, and the Law Society of Kenya.
  • Despite striking down "fake news" laws, the court upheld Sections 48 through 53, allowing police to obtain warrants for data seizure and conduct real-time data collection for up to six months.

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