How WhatsApp Messages Are Taking Kenyans to Court

Kenya is facing new legal challenges as courts handle a growing number of cases involving content shared through digital platforms such as WhatsApp. 

One recent case in Lamu has drawn national attention. Donald Mwendwa Nzau was convicted under the Computer Misuse and Cybercrimes Act, 2018, for sharing false information in a WhatsApp group. Although the message did not mention anyone by name, the court found that it clearly referred to a local public servant and harmed his reputation. 

Nzau was given a choice between paying a fine or serving a prison sentence. His conviction has sparked wider debate about the limits of online speech and the growing role of criminal courts in matters that were once handled through civil litigation or informal resolution.

Key to this legal shift are Sections 22 and 23 of the Cybercrimes Act, which criminalise the publication of false, misleading, or defamatory content. Supporters of these provisions argue they are essential tools to combat misinformation and online harassment. However, critics warn that the laws are increasingly being used to silence dissent and punish individuals for expressing controversial or unpopular views.

Several human rights defenders, including Joshua Okayo, Davis Thuranira, and Brian Kithinji, have petitioned Parliament to amend the law. They argue that the current framework lacks adequate safeguards to protect legitimate free expression and has led to arbitrary arrests and prosecutions. 

According to their petition, since the law came into force in 2018, many people—especially bloggers and online commentators—have been detained or harassed for content as trivial as memes or satirical cartoons. Despite these concerns, the courts continue to process cybercrime cases across the country.

In Nairobi, a case of cyber harassment tied to a local WhatsApp group is being heard at the Makadara Law Courts. Meanwhile, in Kisumu, a man was recently convicted for possessing videos linked to terrorist activities, illustrating the wide range of digital offences now being prosecuted under the law.