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Post Reply: LSK Petitions Supreme Court Over State Surveillance Powers in Cybercrimes Law

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on May 14, 2026, 6:39 am</div><div id="pl-9035" class="panel-layout">
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<p dir="auto">The Law Society of Kenya has petitioned the Supreme Court of Kenya to strike down key sections of the Computer Misuse and Cybercrimes Act 2018 that grant the state broad powers to conduct surveillance on private digital communications. The move argues that these provisions undermine fundamental constitutional rights to privacy and freedom of expression.</p>
<p dir="auto">The petition, filed jointly with the Bloggers Association of Kenya, Article 19 Eastern Africa, and the Kenya Union of Journalists, specifically targets Sections 48 to 53 of the Act. These sections empower authorities to intercept emails, phone calls, and other digital communications for periods of up to nine months. The groups contend that the provisions also allow the state to compel internet service providers to hand over subscriber information and authorize searches of premises linked to cybercrime warrants, often with insufficient judicial oversight.</p>
<p dir="auto">Petitioners maintain that the surveillance measures lack adequate safeguards, enabling extensive monitoring of private communications in ways that violate Articles 31 and 33 of the Kenyan Constitution, which protect privacy, dignity, and freedom of expression. They urge the Supreme Court to assess whether these clauses align with constitutional standards in the context of the digital age.</p>
<p dir="auto">This latest challenge follows a significant Court of Appeal ruling in March 2026 that nullified Sections 22 and 23 of the same Act. Those sections had criminalized the publication of false or misleading information online. The appellate court had described the provisions as unguided measures that could ensnare innocent citizens and pose serious risks to freedom of expression.</p>
<p dir="auto">While the petitioners welcomed the earlier decision striking down the false publication clauses, they argue that the Court of Appeal did not adequately resolve broader concerns regarding mass surveillance and digital privacy rights. The Supreme Court has since certified the new petition as urgent and ordered that it be heard on a priority basis.</p>
<p dir="auto">The case raises critical questions about balancing national security needs with individual rights in an increasingly digital society. Legal observers expect the Supreme Court’s determination to set a precedent on the limits of state surveillance powers under Kenyan law and their compatibility with constitutional protections.</p>
<p dir="auto">This development underscores ongoing tensions between government efforts to combat cybercrime and civil society demands for stronger safeguards against potential abuse of surveillance tools. The outcome could significantly influence how digital communications are regulated and protected in Kenya moving forward.</p>

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