The recent decision by the High Court to suspend parts of the Computer Misuse and Cybercrimes (Amendment) Act, 2024, has temporarily halted a law that had just been signed by President William Ruto a week earlier.
Justice Lawrence Mugambi, sitting at the Milimani Law Courts, issued conservatory orders on Wednesday, October 22, stopping the enforcement, implementation, and operation of specific sections of the amended Act.
These sections, namely 27(1)(b), (c), and (2), were part of the controversial amendments introduced in Parliament in August 2024.
The suspension followed a petition filed by gospel artist and activist Reuben Kigame alongside the Kenya Human Rights Commission (KHRC).
The two petitioners argued that the amendments posed a serious threat to digital freedoms, particularly the right to free expression, privacy, and access to information.
They told the court that the new provisions granted the state excessive powers to monitor and restrict online communication without proper judicial oversight.
According to them, this not only goes against the spirit of Kenya’s Constitution but also undermines the gains made in safeguarding digital spaces as avenues for expression, innovation, and accountability.
Justice Mugambi agreed that the matter raised serious constitutional questions deserving urgent attention. He ruled that the contested sections would remain suspended until the case is fully heard and determined.
In his ruling, he emphasized that the temporary suspension was necessary to prevent potential violations of constitutional rights while the petition was being considered.
The judge further directed that the petitioners serve the application and all submissions physically within three days, after which the respondents would have seven days to reply.
The case is scheduled for further directions on November 5, when the court will decide whether to proceed to a full hearing or make other procedural rulings.
The contested law was published by the National Assembly on August 9, 2024, as part of efforts to address rising cases of online crime and misinformation.
It went through public participation and review by the Departmental Committee on Communication, Information, and Innovation, which engaged industry stakeholders, civil society groups, and digital policy experts.
However, critics said the consultations were rushed and failed to take into account the implications for online freedoms.
The 2024 amendment expanded the scope of cybercrimes to include the use of digital platforms for promoting terrorism, extremist ideologies, and cultic practices. It also broadened the definition of computer misuse to cover any unauthorized access or modification of digital systems.
While the government justified these changes as necessary for national security and public safety, human rights advocates warned that the vague wording of some clauses could be used to target journalists, bloggers, and critics of the state.
The case now before the High Court could set an important precedent on how Kenya balances cybersecurity concerns with constitutional rights in the digital age. For now, the suspension offers temporary relief to internet users and digital activists who have long voiced concerns about creeping state control over online spaces.
The outcome of the case will likely shape the country’s digital governance framework for years to come.
