An Assessment into whether Kenya’s Section 23 of the Computer Misuse and Cybercrimes Act unconstitutionally limits freedom of expression by how it criminalises false publications

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dc.contributor.authorMwenda, C. N.
dc.date.accessioned2025-11-21T10:57:21Z
dc.date.available2025-11-21T10:57:21Z
dc.date.issued2024
dc.descriptionFull- text undergraduate research project
dc.description.abstractThis article addresses the complex issue associated with mitigating the proliferation of false information in the framework of Kenya's Computer Misuse and Cybercrimes Act, Section 23. It discusses the unintended consequences of efforts to criminalize false publications, particularly how it's employed as a tool for suppressing journalism, in light of the critical role that social media plays in democratic societies. The paper meticulously analyses the shortcomings of Section 23, which is perceived as being too broad and vague, and considers how it might infringe on an individual's right to free speech. The argument of this paper is that the parameters of section 23 is unclear and therefore it infringes on a person’s ability to circulate and disseminate information freely which is constitutionally protected under the freedom of expression. The law under section 23 was ignorant on some intricate aspects of false information and freedom of expression. The problem that is information disorder is true and alive in Kenya, but there have been issues when considering the typology of false information and the nature of false speech in connection to free speech. While acknowledging the reality of information disorder in Kenya, the article closely examines the typology of false information, revealing nuances that challenge the current understanding of false speech in relation to free speech. This article offers recommendations that would reform Kenya's false reporting statute proposing a law that meets the legal standard of certainty and predictability of the law. The suggested reform aims to establish a law that meets legal standards of certainty and predictability, addressing the current ambiguity within Section 23. By advocating for a more nuanced approach, the article seeks to strike a balance between regulating false information and preserving the constitutionally protected right to free expression. This contribution aims to fortify the legal framework in the face of evolving challenges in the social media era.
dc.identifier.citationMwenda, C. N. (2024). An Assessment into whether Kenya’s Section 23 of the Computer Misuse and Cybercrimes Act unconstitutionally limits freedom of expression by how it criminalises false publications [Strathmore University]. http://hdl.handle.net/11071/15888
dc.identifier.urihttp://hdl.handle.net/11071/15888
dc.language.isoen
dc.publisherStrathmore University
dc.titleAn Assessment into whether Kenya’s Section 23 of the Computer Misuse and Cybercrimes Act unconstitutionally limits freedom of expression by how it criminalises false publications
dc.typeThesis
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