The High Court has dealt a major blow to the government after suspending the enforcement, implementation, and operation of key provisions in the Computer Misuse and Cybercrimes (Amendment) Act, 2025.
Justice Lawrence Mugambi issued conservatory orders halting Section 27(1)(b), (c), and (2) of the law pending the hearing and determination of a petition filed by the Kenya Human Rights Commission (KHRC) and musician-turned-activist Reuben Kigame, through lawyer Elius Mutuma.
The petitioners argue that the amended law is unconstitutional, terming it null and void for allegedly infringing on the rights to privacy, freedom of expression, access to information, and fair administrative action as guaranteed under Articles 10, 24, 31, 33, 34, 35, 36, and 47 of the Constitution.
They further contend that the law, signed by President William Ruto on October 15, 2025, contains vague and overbroad provisions that could criminalize online expression and undermine the Data Protection Act, 2019.
“Pending the hearing and determination of this application, a conservatory order is hereby issued suspending the enforcement, implementation, and operation of Section 27(1)(b), (c), and (2) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025.”
The judge also directed the parties to file and serve their pleadings ahead of the case mention scheduled for November 5, 2025, for further directions.
