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Naomi Mutinda, Adv. May 1, 2026Digital Rights

Cyber Harassment and Bloggers' Rights

Understanding the 2026 legal landscape for online expression and the Computer Misuse and Cybercrimes Act

Person typing on laptop with worried expression

Kenya has seen a rise in cyber harassment – trolling, doxxing, non‑consensual sharing of intimate images, and online threats. At the same time, bloggers and content creators worry about freedom of expression. The Computer Misuse and Cybercrimes Act (CMCA), 2018 (as amended 2024) remains the primary law, but new 2026 guidelines from the Office of the Data Protection Commissioner (ODPC) and the Communications Authority have clarified the balance between preventing harm and protecting free speech. This guide explains your rights as a victim of cyber harassment and your rights as a blogger or online commentator.

Key principle: Section 27 of the CMCA criminalises cyber harassment with penalties up to KES 20 million fine or 10 years imprisonment. However, the Act also protects honest reporting and fair comment.

What Constitutes Cyber Harassment?

  • Repeatedly sending messages that are threatening, abusive, or false, knowing they cause distress.
  • Sharing private images without consent (revenge porn).
  • Impersonating someone online to damage their reputation.
  • Cyberstalking – using electronic means to monitor or contact a person against their will.

Steps to Take If You Are a Victim

  1. Preserve evidence – screenshots, URLs, timestamps, metadata.
  2. Report to the National Cyber Crime Desk (reporting portal: https://report.cybercrimes.go.ke).
  3. Apply for a protection order at the nearest magistrates court (Section 29 of the CMCA).
  4. Request the platform (e.g., X, TikTok, Facebook) to remove the content under their terms of service.
  5. Seek legal advice for possible civil damages for defamation or intentional infliction of emotional distress.

Rights of Bloggers and Online Publishers

The Constitution guarantees freedom of expression. However, this right is not absolute. Bloggers should note:

  • You are not immune from defamation claims – if you publish false facts that damage someone's reputation, you can be sued.
  • Hate speech and incitement to violence are prohibited and can lead to prosecution.
  • The Fair Use Exception allows limited quotation of copyrighted works for criticism or review.
  • Under the Data Protection Act, you must not publish anyone's private contact details (doxxing) without consent.
Important 2026 ODPC guideline: Bloggers who collect personal data (e.g., email subscriptions) must have a privacy policy and register as data controllers if they process health, political, or financial data of over 5,000 subjects.

What to Do If You Are Accused of Cyber Harassment

Do not delete evidence – that can be spoliation. Instead, consult a lawyer immediately. The defence of “truth” (for defamation) or “fair comment on a matter of public interest” may be available. Musyoka & Mutinda has experience defending bloggers against frivolous complaints.

Contact us for advice on cyber harassment complaints or to defend your right to publish responsibly.