The High Court has delivered a major setback to the government after issuing orders suspending the enforcement, implementation, and operation of Section 27(1)(b), (c), and (2) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025.
Justice Lawrence Mugambi granted the conservatory orders pending the hearing and determination of a petition filed under a certificate of urgency by the Kenya Human Rights Commission (KHRC) and Reuben Kigame, through lawyer Elius Mutuma.
The petitioners argue that the new law is unconstitutional, null, and void, saying it infringes on the rights to privacy, freedom of expression, access to information, and fair administrative action protected under Articles 10, 24, 31, 33, 34, 35, 36, and 47 of the Constitution.
They further contend that the law, which was signed by President William Ruto on October 15, 2025, introduces vague and overbroad provisions that could criminalize online expression and weaken Kenya’s Data Protection Act of 2019.
In his ruling, Justice Mugambi stated:
“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 further directed the parties to file and serve their pleadings, with the matter scheduled for mention on November 5, 2025, for further directions.
