By Michelle Ndaga
The High Court of Kenya on Wednesday, 22 October 2025 issued conservatory orders suspending enforcement of Sections 27(1)(b), (c) and (2) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, after petitions raised serious constitutional concerns.
The move follows a legal challenge filed by Dr Reuben Kigame, the Kenya Human Rights Commission (KHRC), and the Law Society of Kenya, who argue that the contested provisions violate the constitutional rights to free expression and privacy by granting overly broad state surveillance powers.
Under the suspended sections, online communications deemed “indecent”, “grossly offensive” or “detrimental” could attract penalties of up to KSh 20 million or a maximum of ten years’ imprisonment or both. The petitioners argue that the vague and sweeping language of the law could criminalise legitimate criticism, satire or whistleblowing.
In his ruling, Justice Lawrence Mugambi directed that the enforcement, implementation and operation of those specific sections be suspended until the full hearing of the petition on 5 November 2025. Parties including the Attorney General, the Directorate of Criminal Investigations and media-stakeholder organisations have been ordered to respond within seven days.
The amendments had been signed into law by the William Ruto administration on 15 October 2025 and were defended by the government as necessary to combat cyberbullying, online fraud and digital threats. Nonetheless, rights advocates contend the law risks chilling online freedom and undermining privacy protections.
With the suspension in place, prosecutions under the specified clauses cannot proceed until the court delivers its full judgment. The outcome will signal the balance Kenya seeks between regulating digital harms and protecting constitutional liberties.
