Can you be arrested for what you post online?
Constitution of Kenya · sources read 2 Oct 2026
The Constitution protects your freedom of expression, online too, but that freedom does not cover propaganda for war, incitement to violence, hate speech, or advocacy of hatred such as ethnic incitement. You must also respect other people's rights and reputation.
- Deadline
- An arrested person must be taken to court within 24 hours, or by the end of the next court day if the 24 hours end outside court hours.
- Where
- The High Court to enforce your rights; a court within 24 hours if you are arrested
Steps
- If police arrest you over a post, you have the right to be told why, in a language you understand, and that you may remain silent.
- Ask to contact an advocate and the people whose help you need.
- If you believe your freedom of expression has been violated or is threatened, you can go to court.
Watch out
- Propaganda for war, incitement to violence, hate speech and ethnic incitement are not protected speech, online or offline.
- Your freedom comes with a duty to respect the rights and reputation of others.
- Parliament can limit the freedom by law, but only as far as is reasonable and justifiable in an open and democratic society.
- Ethnic hate speech, online or offline, can get you up to KSh 1 million in fines, 3 years in jail, or both.
- Knowingly posting false information that causes panic or violence, or is likely to damage someone's reputation, can mean up to KSh 5 million or 10 years in jail.
- Being harassed online? You can ask the court for an order to make it stop. The court must decide within 14 days and can make the phone or internet company reveal who is behind the account.
Who this covers
- Every person in Kenya, including when posting on social media.
Official sources (3)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- National Cohesion and Integration Act (Cap. 7N) new.kenyalaw.org · read 2 Oct 2026
- Computer Misuse and Cybercrimes Act (Cap. 79C), version of 4 November 2025 new.kenyalaw.org · read 2 Oct 2026