High Court Suspends New Computer Misuse and Cybercrime Law
Justice Lawrence Mugambi issued a conservatory order suspending the enforcement, execution, and effect of Sections 27(1)(b), (c), and (2) of the amended legislation.
Marvin Chege 
The High Court has halted the implementation of the Computer Misuse and Cybercrimes (Amendment) Act, 2024, which was signed into law just last week.
In a ruling delivered on Wednesday, October 22, Justice Lawrence Mugambi issued a conservatory order suspending the enforcement, execution, and effect of Sections 27(1)(b), (c), and (2) of the amended legislation.
"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," the ruling reads in part.
A photo of the Milimani Law Courts in Nairobi. /FILE
This came a day after human rights activist and gospel musician Reuben Kigame had teamed up with the Kenya Human Rights Commission (KHRC) to challenge the controversial Computer Misuse and Cybercrimes (Amendment) Act, 2024, warning that it hands the state unchecked power to monitor, silence, and endanger critics.
The case was certified as urgent, with the petitioners arguing that the new law threatens freedom of expression.
They further contended that several provisions of the amended Act give state agencies excessive and unchecked powers to monitor, access, and restrict online accounts without court approval — actions they say violate constitutional protections under Articles 31, 33, 34, 35, and 36, which guarantee privacy, free speech, and media independence.
In an interim order, Justice Lawrence Mugambi directed that the petition and its supporting documents be served physically within three days, with proof of service filed in court. Parties were instructed to file and serve their responses within seven days after service.
The case will return to court on November 5, when Justice Mugambi is expected to issue further directions, including whether the petition proceeds to a full hearing.
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.
The new amendments seek to expand the definition of computer misuse to include unauthorized system access or modification and to criminalize ICT-enabled offences targeting networks or data.
The law also introduces provisions banning the use of electronic media to promote terrorism, extremist ideologies, and cult-related practices.
