Fresh Blow For Ruto's Cybercrime Law After Latest Court Order

The Kerugoya High Court has issued a conservatory order halting the implementation of the controversial Computer Misuse and Cybercrimes (Amendment) Act, 2024, yet another major blow to a law assented to by President William Ruto on October 15.

In his ruling on Monday, Justice Edward Muriithi declared a petition by Kirinyaga Woman Representative Jane Njeri Maina as urgent and suspended Section 6(1)(a) of the disputed law for seven days, pending further court directions.

“Pending the inter partes hearing of this application, a conservatory order be and is hereby issued suspending the coming into force, implementation, operation, and/or enforcement of Section 6(1)(a) of the Computer Misuse and Cybercrimes (Amendment) Act, 2024,” the judge ordered.

In her petition, Njeri Maina argued that the amendment process was unconstitutional since it was passed without Senate involvement.

She maintained that the law directly affects county governments and therefore required Senate input under Articles 96 and 110(1)(a) of the Constitution, which mandate Senate participation in any Bill impacting counties.

Justice Muriithi directed that the petition and related applications be served on the State Law Office, the National Assembly, and other respondents before the matter is mentioned on November 3 for further directions.

“The application seeking conservatory orders pending hearing of the petition for a declaration on the unconstitutionality of the Act is certified urgent in view of the reliefs sought,” the judge added.

The Computer Misuse and Cybercrimes (Amendment) Act, 2024, was signed into law by President William Ruto on Wednesday, October 15, despite facing widespread opposition from many Kenyans.

The latest court suspension comes just days after Justice Lawrence Mugambi issued a separate conservatory order stopping the enforcement of Section 27(1)(b), (c), and (2) of the amended Act — provisions that were introduced in the August 2024 parliamentary bill.

Justice Mugambi’s decision followed a petition filed by Reuben Kigame and the Kenya Human Rights Commission (KHRC), who challenged the constitutionality of the law. They argued that the amendments threaten digital rights and freedom of expression in the country.

The case is scheduled for a hearing on November 5, when the court is expected to either proceed with a full hearing or make other procedural rulings.

The amended law, contained in Cap 79C, expands the definition of computer misuse to include any unauthorised access or modification of systems, and classifies ICT-enabled attacks on data or networks as cybercrime.

It also bans the use of electronic platforms to promote extremism or extreme religious and cultic ideologies.

The Computer Misuse and Cybercrimes (Amendment) Bill, 2024, was published by the National Assembly on August 9, 2024, and later subjected to public participation through the Departmental Committee on Communication, Information, and Innovation, which engaged civil society and industry stakeholders.