By Andrew Kariuki. |
The Milimani High Court has suspended the implementation of several sections of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, pending the determination of a petition challenging their constitutionality.
The decision, delivered on Thursday, offers temporary relief to activists and citizens who argued that the amended law threatens fundamental freedoms such as privacy, freedom of expression and media independence.
The suspended provisions include Section 27, which addresses cyber harassment, and Section 6(ja), which empowers authorities to issue directives rendering websites or applications inaccessible if deemed to promote unlawful activities.
The petition, filed by activist Reuben Kigame and the Kenya Human Rights Commission (KHRC), contends that the amendments, signed into law by President William Ruto, contain vague and overly broad language that could be used to criminalize legitimate online expression and dissent.
Under the amended Section 6(ja), regulators would have the authority to block online platforms accused of promoting inappropriate sexual content involving minors, terrorism, religious extremism or cultism.
Additionally, the amendment to Section 27 expands the cyber harassment offense to include conduct “likely to cause another person to commit suicide,” effectively broadening the scope of liability for online interactions.
The petitioners argue that such provisions could be weaponized against journalists, bloggers and ordinary citizens, stifling critical speech and undermining digital freedoms.
The High Court’s interim orders now halt the enforcement of the contested sections until the full hearing and determination of the case, which is expected to set an important precedent on the balance between cybersecurity and constitutional rights in Kenya’s digital space.
