By Peter John

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 of Kenya.

In a formal notice, the association said 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 contest sections of that decision under Article 163(4)(a) of the Constitution, which allows appeals to the Supreme Court on matters involving constitutional interpretation.

The case arises from a long-running legal battle over provisions of the Computer Misuse and Cybercrimes Act. BAKE has consistently argued that parts of the law are unconstitutional and pose a threat to digital rights and freedom of expression.

According to the association, certain sections of the Act grant the State broad powers that could be used to monitor, restrict, or criminalise online speech.

BAKE contends that such provisions undermine constitutional protections, including the right to freedom of expression, privacy, and access to information.

The Court of Appeal ruling earlier this year addressed several of these concerns but did not fully align with BAKE’s position, prompting the organisation to escalate the matter to the Supreme Court.

The outcome of the appeal is expected to have far-reaching implications for Kenya’s digital space, potentially shaping how online speech is regulated and the extent of state oversight in cyberspace.

Legal experts say the case could set a key precedent in balancing national security interests with fundamental rights in the digital age, as Kenya continues to expand its legal and regulatory framework around technology.s 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.