Frontier Correspondent
Kerugoya, Kenya.
The High Court in Kerugoya has issued conservatory orders temporarily suspending the enforcement of a key section of the Computer Misuse and Cybercrimes (Amendment) Act, 2024, marking another setback for the government’s controversial digital legislation.
Justice Edward M. Muriithi on Monday halted the implementation of Section 6(1)(a) of the Act for seven days, pending an inter partes hearing, after Kirinyaga Woman Representative Jane Njeri Maina filed a petition challenging the constitutionality of the amendments.
The case, certified as urgent, names the State Law Office and the National Assembly as respondents, with one additional respondent yet to be disclosed. Maina seeks a declaration that the entire amendment is unconstitutional, null, and void.
In his ruling, Justice Muriithi stated:
“Pending the inter partes hearing of this application, a conservatory order be and is hereby issued suspending the coming into force, implementation, operation, and/or enforcement of Section 6(1)(a) of the Computer Misuse and Cybercrimes (Amendment) Act, 2024.”
The suspended clause deals with unauthorized access or interception of computer systems, which the petitioner argues could be misapplied to suppress legitimate online activities and whistleblowing.
Maina’s petition focuses on procedural lapses in the law’s passage, alleging that Parliament enacted the amendments without the constitutionally required participation of the Senate, thus violating Kenya’s bicameral legislative framework.
The Kerugoya decision follows closely on the heels of another judicial intervention in Nairobi last week, when Justice Lawrence Mugambi indefinitely suspended enforcement of Sections 27(1)(b), (c), and (2) of the same Act. That earlier petition—filed by gospel musician Reuben Kigame and the Kenya Human Rights Commission (KHRC)—challenged provisions criminalizing the publication of “false or misleading” online information, which carry penalties of up to KSh 20 million or 10 years in prison.
President William Ruto signed the amendments into law on October 15, 2025, alongside seven other bills aimed at bolstering cybersecurity, combating online fraud, and curbing digital harassment. Proponents, including National Assembly Speaker Moses Wetang’ula and Embu Catholic Bishop Peter Kimani, have defended the legislation as a tool to promote “responsible digital behavior” and safeguard the public from harmful content.
However, critics argue that the amendments are vaguely worded and open to abuse, potentially undermining freedoms of expression, privacy, and access to information guaranteed under Articles 31, 33, and 34 of the Constitution.
Maina has indicated that additional legal challenges may follow, targeting other contested clauses such as Clause 3, suggesting that the fight over Kenya’s cyber governance framework is far from over.
Legal experts say the escalating court battles could eventually reach the Supreme Court, setting a precedent for how Kenya balances cybersecurity enforcement with digital rights and constitutional freedoms.
As the matter heads for hearing, the temporary suspension underscores growing judicial scrutiny of state powers in Kenya’s rapidly evolving digital space.