The Office of the Director of Public Prosecutions has moved to the Supreme Court of Kenya to challenge a recent appellate ruling that declared key provisions of the Computer Misuse and Cybercrime Act unconstitutional.

In a petition, the ODPP said it is dissatisfied with the decision of the Court of Appeal delivered on March 6, 2026, which nullified sections 22 and 23 of the law on grounds of overbreadth.

The ODPP is now seeking to have the Supreme Court overturn the appellate court’s judgment.

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“The Office of the Director of Public Prosecutions (ODPP) has filed a petition before the Supreme Court of Kenya challenging the judgment of the Court of Appeal at Nairobi delivered on 6th March 2026, concerning the Computer Misuse and Cybercrime Act,” the prosecution body said.

It added that it “expresses dissatisfaction with the appellate court’s decision which declared sections 22 and 23 of the Act unconstitutional on grounds of overbreadth.”

Sections 22 and 23 of the Act relate to the criminalisation of false or misleading information published online, as well as the publication of false information likely to cause public panic, chaos, or harm to a person’s reputation.

In its March ruling, the Court of Appeal found the provisions to be too broad and capable of affecting innocent users, including those who unknowingly share or forward content.

The ODPP, however, is now asking the apex court to review and set aside that finding.

“Through the petition, the ODPP seeks to have the Supreme Court overturn the appellate court’s Judgement,” the statement said.

The prosecution body further underscored its constitutional role, noting that it remains committed to upholding justice.

“The ODPP remains committed to executing its constitutional mandate in accordance with the rule of law, public interest and administration of justice,” it stated.

The appellate court decision followed a challenge by the Bloggers Association of Kenya, which argued that the provisions were vague and posed a threat to freedom of expression and media practice.

In its judgement, the court held that the law risked penalising individuals who may not even be aware that the information they are sharing is false, raising concerns about its impact on digital communication and public discourse.

The case now shifts to the Supreme Court, where judges will determine whether the contested sections of the Cybercrime Act meet constitutional thresholds or should remain invalid.