Kenya’s battle over digital rights and State surveillance is now headed to the country’s highest court.
Law Society of Kenya, together with Bloggers Association of Kenya, Article 19 East Africa and Kenya Union of Journalists, has filed a petition at the Supreme Court seeking to strike down parts of the Computer Misuse and Cybercrimes Act that they argue give authorities sweeping surveillance powers.
At the centre of the dispute are Sections 48 to 53 of the law. The provisions allow investigators to intercept digital communications, access subscriber information and conduct searches tied to cybercrime inquiries.
The petitioners argue that the powers are too broad and lack sufficient safeguards to protect ordinary citizens from abuse.
According to court filings, the organisations say the law allows authorities to monitor emails, phone calls and other digital communication for up to nine months. Internet service providers and telecommunications companies can also be compelled to hand over customer data during investigations.
“The issue before the court is whether these surveillance powers meet the constitutional threshold required in a democratic society,” the petitioners state in their filing.
The case follows a March 2026 ruling by the Court of Appeal, which struck down sections of the same law that criminalised the publication of false or misleading information online. In that judgment, appellate judges warned that the provisions risked sweeping up innocent citizens and posed a threat to free expression.
However, the appeal court allowed the surveillance sections to remain in force, setting the stage for the latest legal challenge.
The petitioners now argue that the contested clauses violate constitutional protections on privacy and freedom of expression under Articles 31 and 33 of the Constitution.
The Supreme Court has certified the matter as urgent, signalling that hearings could begin sooner than expected. Legal analysts say the case could shape the future of online freedoms, privacy rights and government surveillance powers in Kenya for years to come.
Those named in the suit include the Director of Public Prosecutions, the Attorney General, the Inspector General of Police and the Speaker of the National Assembly.
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