The Court of Appeal partially allowed BAKE's appeal, declaring sections 22 (false publications) and 23 (publication of false information) of the Computer Misuse and Cybercrimes Act 2018 unconstitutional for vagueness and overbreadth and as unjustified limitations on freedom of expression and the media under Articles 33 and 34 of the Constitution, while upholding the remaining challenged provisions.

First appellate invalidation of the 'fake news' / false-publication offences in Kenya's principal cybercrime statute, partially reversing the 2020 High Court decision ([2020] KEHC 7924 (KLR)) that had upheld the Act in full. It sets an East African precedent that criminalising the publication of 'false' information fails constitutional tests of clarity and proportionality, while leaving the bulk of the cybercrime framework intact.