The High Court in Nairobi has temporarily suspended key provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, following a petition challenging its constitutionality. The suspended sections include those related to cyber harassment, digital surveillance, and online content regulation.
Justice Lawrence Mugambi issued conservatory orders on October 22, 2025, halting the enforcement of Sections 27(1)(b), 27(1)(c), and 27(2) of the amended legislation. This decision allows for the determination of a constitutional petition filed by gospel musician and activist Reuben Kigame and the Kenya Human Rights Commission (KHRC).
“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,” Justice Mugambi ruled.
The petitioners argue that the law infringes on fundamental rights, including privacy, freedom of expression, and media independence. They claim that the amendments grant state agencies excessive powers to monitor and restrict online activities without judicial oversight. The contested provisions include Section 27, which expands the scope of cyber harassment and imposes severe penalties, including fines of up to Ksh 20 million or imprisonment for up to 10 years.¹ ²
The petitioners further argued that the legislative process leading to the enactment of the amendment law was procedurally defective, as Parliament failed to refer the Bill to the Senate, despite it affecting county functions under Part 2 of the Fourth Schedule of the Constitution. This failure, they contend, violated Articles 110(1), 110(3), and 110(4) of the Constitution, which require Senate participation in legislation concerning counties.³
The court’s decision offers temporary relief to rights activists who argue that Kenya’s new cybercrime law threatens their rights to privacy, free speech, and media freedom. The case is scheduled for further directions on November 5, 2025, when Justice Mugambi is expected to determine whether the petition proceeds to a full hearing.
