The High Court in Nairobi has temporarily stopped the government from enforcing two contentious provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2024, including one that allows the shutdown of social media platforms, pending the outcome of six petitions challenging the law.
Justice Lawrence Mugambi, in a ruling delivered on Thursday, November 6, 2025, suspended the implementation of Section 27(1)(b) and Section 6 of the Act until the petitions are fully heard and determined.
Section 27(1)(b) criminalizes online communication such as messages or emails that could allegedly drive a recipient to commit suicide, while Section 6 empowers authorities to shut down platforms like Facebook, X (formerly Twitter), WhatsApp, and other websites accused of spreading content related to terrorism, sexual material, or cultism.
“Following the parties’ agreement, the court adopts the same as a consent order and allows the suspension of Sections 6 and 27 of the Computer Misuse and Cybercrimes Act pending hearing and determination of this case,” Justice Mugambi ruled.
During the session, lawyer Patrick Lutta, representing the Communications Authority of Kenya (CAK), and lawyer Paul Nyamodi, representing the Attorney General (AG), told the court that earlier conservatory orders issued in October 2025 had been too broad, effectively halting the enforcement of legitimate parts of the law.
“After consultations with all parties, we have agreed to amend the earlier orders and suspend only two sections of the Cybercrimes Act until the case is heard and determined,” Nyamodi stated.
The parties also agreed that Section 6(1)(j)(a) of the law would remain suspended pending the court’s final determination.
Lutta, however, argued that the initial conservatory orders had been obtained through misrepresentation and non-disclosure of material facts, noting that a related case filed by the Kenya Bloggers Association is still pending before the Court of Appeal.
The High Court further directed that the six petitions filed separately by musician Reuben Kigame, Embakasi East MP Babu Owino, and others be consolidated for joint hearing, as they raise similar questions on the legality and constitutionality of the amended law.
The matter will be mentioned virtually on November 14, 2025 for further directions
