The Kenya Human Rights Commission (KHRC) and musician-turned-activist Reuben Kigame have filed a petition challenging the constitutionality of the Computer Misuse and Cybercrimes (Amendment) Act, 2024.
The petitioners claim that the new law, which was signed by President William Ruto on 15th October 2025, violates several fundamental freedoms guaranteed by the Constitution. They argue that the law infringes on the rights to privacy, freedom of expression, access to information, and fair administrative action, as protected under Articles 10, 24, 31, 33, 34, 35, 36, and 47 of the Constitution.
According to the petition, the amendment introduces vague and overbroad provisions that could be easily abused to suppress dissent and restrict digital freedoms. One of the most controversial clauses criminalizes the publication of “false, misleading, or mischievous” information wording that the petitioners describe as subjective and prone to misuse by authorities.
Another heavily contested provision requires mandatory verification of social media accounts, compelling users to link their profiles to government-issued identification. The petitioners argue that this move undermines digital privacy, anonymity, and freedom of online association, and could have a chilling effect on free speech.
KHRC and Kigame also accuse Parliament of procedural impropriety, saying the Bill should have been treated as one affecting county governments under Article 110 of the Constitution. They contend that the National Assembly’s failure to refer the Bill to the Senate renders its passage unconstitutional.
Additionally, the petition challenges the amendment to Section 27 of the principal Act which criminalizes communication that may lead another person to commit suicide calling it ambiguous, speculative, and impossible to enforce within the confines of due process.
The petitioners now seek a declaration that the law is unconstitutional, null, and void, and a permanent order barring its implementation until the court delivers its judgment.
