Frontier Correspondent
Nairobi, Kenya.
The High Court in Nairobi has temporarily suspended the enforcement of key provisions in the Computer Misuse and Cybercrimes (Amendment) Act, 2025, pending the determination of a petition challenging their constitutionality.
Justice Lawrence Mugambi, sitting at the Milimani Law Courts, issued conservatory orders on Tuesday after certifying as urgent an application filed by musician and activist Reuben Kigame Lichete and the Kenya Human Rights Commission (KHRC).
The petitioners argue that several sections of the amended law pose a direct threat to fundamental freedoms guaranteed under the Constitution — including freedom of expression, the right to privacy, access to information, and media independence.
“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,” ruled Justice Mugambi.
The suspended provisions relate to cyber harassment, criminalising electronic communications deemed to “detrimentally affect another person” or content considered “indecent or grossly offensive.”
Under the contested section, those found guilty face fines of up to KSh20 million or imprisonment for a term not exceeding 10 years, or both.
The amendments, part of a broader overhaul of Kenya’s cyber laws, were signed into law by President William Ruto on October 15, 2025.
In their petition, Kigame and KHRC contend that Section 27 of the principal Act, which also introduces penalties for communication said to “cause another person to commit suicide,” is unconstitutionally vague. They argue that it fails to define what constitutes such communication or establish a clear legal threshold for causation, opening the door to arbitrary and subjective prosecutions.
Beyond the substance of the law, the petitioners have also accused Parliament of procedural irregularities, saying the Bill ought to have been classified as one “concerning county governments” under Article 110(1) of the Constitution, since it affects information management and community policing, which are devolved functions.
The case will be mentioned on November 5, 2025, for further directions.