The Office of the Director of Public Prosecutions (ODPP) has moved to the Supreme Court seeking to overturn a recent Court of Appeal ruling that struck down key provisions of the Computer Misuse and Cybercrime Act.

In a petition filed before the Supreme Court of Kenya, the ODPP is contesting the appellate court’s judgment delivered on March 6, 2026, which declared Sections 22 and 23 of the law unconstitutional.

Section 22 and 23 stated that persons who publish or spread information online and information that may be deemed as false, misleading or intended to deceive the public or cause panic, can be held criminally liable.

The Court of Appeal had ruled that the two sections were overly broad, raising concerns about their potential impact on fundamental rights and freedoms.

However, the ODPP has challenged that finding, arguing that the decision undermines the legal framework used to address cyber-related offences and protect the public.

Through the petition, the prosecution is asking the Supreme Court to set aside the ruling and reinstate the contested provisions of the Act.

The move signals the State’s intention to defend the law, which has been central in prosecuting cybercrime, including offences related to false information, misuse of digital platforms, and online security breaches.

The ODPP maintains that its actions are guided by its constitutional mandate, emphasizing its role in upholding the rule of law, safeguarding public interest, and ensuring the effective administration of justice.

The Supreme Court is now expected to determine whether the challenged provisions should remain nullified or be reinstated pending its final decision.