On Feb. 27, 2026, the Court of Appeal in Nairobi will deliver a long-awaited decision that could redefine the future of digital expression in Kenya. Since the Act was first introduced, BAKE has maintained that key provisions are unconstitutional. A High Court initially issued a landmark decision, suspending 26 contentious sections of the law and providing a temporary shield for online expression. Journalists, bloggers, and everyday citizens have faced charges for content that would, in a free society, be considered protected expression. Regardless of the outcome, the ruling will have significant consequences for the future of free expression, civic engagement, and the protection of rights in Kenya’s digital landscape.