The legal framework
The framework rests on the Computer Misuse and Cybercrimes Act 2018, which criminalises cyberharassment and false publications, upheld in substantial part by the courts. Defamation was decriminalised by the High Court in 2017, leaving civil claims as the route for reputational harm.
Key points
| Defamation | Civil in all of these jurisdictions; criminal defamation retained in some |
|---|---|
| Cyberharassment | Criminalised by cybercrime legislation |
| Intimate images | Non-consensual distribution is an offence |
| Platform removal | Usually faster than any legal route; use it first |
| Risk to speakers | Cybercrime provisions have been used against journalists and critics in several of these countries |
| Evidence | Screenshots with URL and date are the foundation of any complaint |
| Criminal defamation struck down | Held unconstitutional by the High Court in 2017 |
| Civil defamation | Remains available, with substantial awards |
| Cyber harassment | An offence under the Computer Misuse and Cybercrimes Act |
| False publication | Provisions on false publication have been challenged in court |
In practice
- Capture evidence first: full screenshots with URL, date and surrounding context, before anything is deleted.
- Report to the platform and keep the reference number and the outcome.
- Then use the legal route — the order matters, because platforms act faster than courts.
- Do not respond in kind: your own posts become evidence too.
- Report cyber harassment to the DCI cybercrime unit with preserved evidence.
- For reputational harm, civil defamation is the route: the criminal offence no longer exists.
Cost and coverage
Police complaints are free; civil defamation actions are expensive.
Recent changes
Regional courts — including the ECOWAS Court and the African Court — have pressed for the decriminalisation of defamation, and several countries in the region have moved in that direction.
Where to go
- Directorate of Criminal Investigations cybercrime unit.
- Communications Authority of Kenya.
- Article 19 Eastern Africa for free expression issues.
Worth knowing
Two habits protect you in these jurisdictions: document what you receive, and think twice about what you post. Cybercrime provisions are used in both directions, and an angry reply can turn a complainant into a defendant. Criminal defamation was declared unconstitutional in 2017. Police occasionally still invoke it; the decision is binding and can be cited.
Official sources and links
- eCitizen — official government services portal