By Ongaga Ongaga
Law Society of Kenya has moved to the Supreme Court to challenge controversial surveillance provisions contained in the Computer Misuse and Cybercrimes Act, 2018.
LSH argues that the laws threaten Kenyans’ constitutional rights to privacy and freedom of expression.
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According to former LSK President Faith Odhiambo, the petition seeks to scrutinise provisions that allow State agencies to intercept digital communications and access personal subscriber data with what petitioners describe as inadequate judicial safeguards.
“The Law Society of Kenya has moved to the Supreme Court to challenge the surveillance provisions of the Computer Misuse and Cybercrimes Act, 2018 and I want every Kenyan to understand why this matters,” said Odhiambo on X..
The move follows a March 2026 Court of Appeal ruling that struck down Sections 22 and 23 of the Act, which criminalised the publication of false or misleading information online.
According to Odhiambo, the appellate court described the provisions as “akin to unguided missiles likely to net innocent citizens,” a decision she termed necessary and welcome.
However, the Court of Appeal upheld Sections 48 to 53 of the law, which permit authorities to intercept emails, voice calls and other digital communications for up to nine months during investigations.
The provisions also allow the State to compel service providers to surrender subscriber information and permit searches of individuals found on premises subject to data-related warrants.
In documents filed before the Supreme Court, the petitioners argue that the law lacks sufficient safeguards against abuse, particularly because there is no requirement for affected individuals to be notified after surveillance operations conclude.
The filing further states that the absence of clear procedures undermines judicial oversight and creates a system where surveillance powers operate “in secrecy, without accountability.”
“Without notification, even post-investigation, individuals remain permanently unaware that their rights have been infringed,” part of the petition reads.
The LSK has filed the case alongside Article 19 Eastern Africa, Bloggers Association of Kenya and Kenya Union of Journalists.
Odhiambo said the Supreme Court has already certified the matter as urgent and will now determine whether the contested provisions violate Articles 31 and 33 of the Constitution, which guarantee the rights to privacy and freedom of expression.
