The Computer Misuse and Cybercrimes (Amendment) Act, 2024, has been dealt yet another blow in court following its suspension by the Kerugoya High Court to await further hearing.
In his Monday ruling, Justice Edward Muriithi issued a seven-day conservatory order suspending the operation of Section 6(1)(a) of the contentious law.
The ruling followed a petition by Kirinyaga Woman Representative Jane Njeri Maina that the process of amending the Bill was unconstitutional.
The matter was considered urgent by Justice Muriithi, noting that the petition had serious constitutional implications on the passage of the Bill.
It is ordered here that the petition for conservatory orders pending hearing of the petition is certified urgent, read the portion of the ruling.
The judge also directed the petition to be served on the State Law Office, National Assembly, and other respondents prior to mention on November 3 for further directions.
Njeri Maina complained in her petition that the government enacted the law without the participation of the Senate despite the fact that it concerned matters of county governments. She cited Articles 96 and 110(1)(a) of the Constitution, which state that the Senate must be involved in any bill of legislation on matters of the counties.
The legislator argued that denial of the Senate rendered the amendments null and unconstitutional.
The Act, which was signed into law by President William Ruto at State House, Nairobi, on October 15, 2025, has been harshly criticized by human rights defenders and proponents of digital freedom, stating that it can undermine the freedoms online.
Justice Lawrence Mugambi suspended sections 27(1)(b), (c), and (2) of the same Act, which granted broad powers to the National Computer and Cybercrimes Coordination Committee.
In her affidavit, Njeri Maina had similar fears, where she said the provisions confer undue power on the committee without any check from the judiciary, therefore paving the way for arbitrariness.
“These provisions confer absolute powers of censorship with no due process and no procedural safeguards,” she contended. “They use vague terms like ‘unlawful activities’ and ‘extreme cultic practices,’ terms that are not defined and can so easily be abused.”
Another lawsuit against the Act was recently filed by Reuben Kigame and the Kenya Human Rights Commission (KHRC), who further contend that the amendments undermine freedom of expression and digital rights in Kenya. Their lawsuit will be heard on November 5.
Computer Misuse and Cybercrimes (Amendment) Act, Cap 79C, broadens the definition of cybercrime to include unauthorized access to a computer system, modification of data, and use of electronic media for the promotion of extremism or cultic behavior.
With two High Court judges putting sections of the law on hold, Kenya’s new cybercrime legislation balances on a knife’s edge as the country continues to struggle with balancing regulation of the internet with constitutional freedoms.
