The Office of the Director of Public Prosecutions (ODPP) has filed an appeal at the Supreme Court challenging a Court of Appeal decision that struck down key sections of the Computer Misuse and Cybercrime Act.

In a petition filed before the Supreme Court of Kenya, the ODPP is challenging the Court of Appeal’s judgment delivered on March 6, 2026, which declared Sections 22 and 23 of the Computer Misuse and Cybercrime Act unconstitutional.

“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,” a statement by DPP read in part.

“In its petition, the ODPP expresses dissatisfaction with the appellate court’s decision which declared sections 22 and 23 of the Act unconstitutional on grounds of overbreadth,” DPP added.

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 weakens the legal framework used to address cyber-related offences and safeguard the public.

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

The ODPP insists its actions are consistent with its constitutional mandate, highlighting its role in promoting the rule of law, protecting public interest, and advancing the administration of justice.

The move indicates the State’s resolve to defend the law, which has played a key role in prosecuting cybercrime such as false information, digital platform misuse, and online security breaches.

The Supreme Court is expected to rule on whether the provisions remain invalidated or are temporarily reinstated pending its final verdict.