Kenya, 22 October 2025 - The High Court has suspended the enforcement of key provisions in the newly amended Computer Misuse and Cybercrimes Act, 2025, following a constitutional challenge by gospel musician Reuben Kigame and the Kenya Human Rights Commission (KHRC).
Justice Lawrence Mugambi issued temporary orders on Wednesday, 21 October 2025, stopping the implementation of Sections 27(1)(b), (c), and (2) of the amended Act until the case is fully heard and determined.
The contested sections, part of amendments signed into law by President William Ruto on October 15, broadened the definition of cyber harassment to include online statements considered “offensive,” “indecent,” or “detrimental” to another person, even indirectly. The law also empowered courts to issue restraining orders and directed service providers to release user data to aid in identifying alleged offenders.
If enforced, offenders under the revised provisions could face fines of up to Sh20 million or imprisonment for up to 10 years, a sharp increase from the penalties outlined in the 2018 law.
Kigame and the KHRC argued that the changes are unconstitutional, contending that the vague and subjective language could be used to silence government critics, journalists, and ordinary citizens expressing dissent online. They maintained that the amendments threaten free expression, privacy, and the right to access information.
In his ruling, Justice Mugambi ordered the government and relevant agencies including the Attorney General, the Directorate of Criminal Investigations (DCI), the Media Council of Kenya, and the Kenya Union of Journalists, to respond to the petition within seven days. He further directed that all related documents be served within three days, with the matter scheduled for mention on 5 November 2025.
Kigame said the law’s wording lacks clear standards for what constitutes harmful or offensive content, potentially allowing authorities to interpret it arbitrarily.
He added that such ambiguity undermines the Data Protection Act, 2019, and creates uncertainty for users and content creators alike.
Human rights groups have echoed similar concerns, warning that the amendments could erode digital freedoms, enable censorship, and stifle investigative reporting.
The court’s decision marks a significant step in the ongoing debate over Kenya’s digital rights landscape, temporarily halting enforcement of one of the law’s most contentious clauses as the judiciary weighs its constitutionality.
