Bloggers Association heads to Supreme Court to challenge Cybercrime law

The Bloggers Association of Kenya (BAKE) has moved to the Supreme Court of Kenya, signalling its intention to challenge part of a recent ruling by the Court of Appeal.

In a notice, the association says it is partially dissatisfied with the judgment delivered in Civil Appeal No. 197 of 2020, Bloggers Association of Kenya versus the Attorney General and three others, issued on March 6, 2026.

BAKE now intends to appeal the contested portion of that decision under Article 163(4)(a) of the Constitution.

The dispute stems from a long-running legal challenge filed by BAKE against provisions of the Computer Misuse and Cybercrimes Act, which the association argued were unconstitutional and posed a threat to freedom of expression and digital rights.

In the case, BAKE maintained that some sections of the law granted the State sweeping powers that could be used to monitor, restrict, or criminalise online speech, in violation of constitutional guarantees such as freedom of expression, the right to privacy, and access to information.

The petition was filed against the Office of the Attorney General of Kenya and other government agencies.

The High Court had initially issued conservatory orders suspending the enforcement of several contested provisions.

However, in its judgment delivered on 6th March 2026, the Court of Appeal partially overturned some of those findings while upholding others, a move that has now prompted BAKE to escalate the matter to the Supreme Court of Kenya.