The High Court in Nairobi has issued a conservatory order suspending the enforcement of key provisions in the Computer Misuse and Cybercrimes (Amendment) Act, 2024; which President William Ruto signed into law just a week earlier on October 15, 2025.
While delivering his ruling on October 22, 2025, Justice Lawrence Mugambi issued a conservatory order suspending key provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025.
“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.” Mugambi said.
The order specifically targets subsections of Section 27 related to cyber harassment, which petitioners argued are unconstitutional, potentially infringing on freedoms of expression and privacy. The petition to challenge the Act was presented to Court by Kenya Human Rights Commission(KHRC), alongside gospel musician and activist Reuben Kigame.
According to the content of the petition, the Act is wired to dilute the 2019 Data Protection Act, stifling dissent and enabling arbitrary surveillance. A section of the statement by the petitioners claim that the amendments are vague, overbroad and unconstitutional, violating essential Articles of the Kenyan Constitution such as those related to national values, privacy, expression, media and information access.
Background on the Act
In 2018, during the tenure of former President Uhuru Kenyatta, to address online threats such as hacking and fraud, the original Computer Misuse and Cybercrimes Act was enacted. In 2024, new amendments were enacted by the Parliament, followed by a signing by President Ruto, expanding the scope of the Act.
Some of the key changes of the 2024 Act include the broader cyber harassment definitions, section 27, which criminalizes communications deemed as grossly offensive, indecent or likely to cause fear or distress, which attracts heavy penalties: up to KSh 20 million fine or 10 years in prison.
