The Atheists in Kenya Society welcomes the High Court’s landmark decision declaring Sections 6 and 27 of the Computer Misuse and Cybercrimes (Amendment) Act, 2024 unconstitutional. This judgement is a significant victory for constitutionalism, freedom of expression, digital rights, and the rule of law in Kenya.
For years, civil society organizations, journalists, human rights defenders, digital activists, and ordinary Kenyans have expressed concern over legislative provisions that could be used to suppress legitimate criticism, silence dissent, and restrict the free exchange of ideas online. The Constitution of Kenya guarantees every person the right to freedom of expression, access to information, and due process. Any law that unjustifiably limits these rights must be subjected to the highest level of constitutional scrutiny.
The High Court’s decision reinforces the principle that Parliament cannot enact legislation that undermines fundamental rights and freedoms protected by the Constitution. Constitutional rights are not privileges granted by the State; they are guarantees that protect every individual from arbitrary and excessive government power.
As an organization that frequently advocates for secularism, human rights, freedom of conscience, and freedom of expression, the Atheists in Kenya Society recognizes the importance of preserving an open digital space where citizens can debate public issues, criticize government policies, challenge religious dogma, and express unpopular opinions without fear of unconstitutional restrictions.
We commend the Judiciary for demonstrating its independence and for upholding the supremacy of the Constitution. A strong and independent judiciary is indispensable to any democratic society, particularly during periods when fundamental freedoms face increasing pressure.
While this judgment is an important milestone, it should also serve as a reminder that the protection of constitutional rights requires constant vigilance. Parliament must ensure that future legislation complies fully with the Constitution and respects Kenya’s national and international human rights obligations.
The Atheists in Kenya Society remains committed to defending constitutional freedoms, promoting secular governance, and supporting all efforts aimed at protecting civil liberties, digital rights, and the rule of law. We will continue to stand with all Kenyans in the pursuit of a society where freedom of thought, freedom of expression, and human dignity are respected and protected.
A free society depends not on the convenience of those in power, but on the strength of its constitutional safeguards. We celebrate this decision as an important affirmation that the Constitution remains the supreme law of the land.