NAIROBI, Kenya — Former Law Society of Kenya (LSK) President Nelson Havi has sharply criticised the recently enacted Computer Misuse and Cybercrimes (Amendment) Act, 2025, terming portions of it unconstitutional and a threat to fundamental freedoms.
In a statement dated October 26, 2025, Havi faulted the government for introducing paragraph (j) to Section 6(1) of the Act, which grants the National Computer and Cybercrimes Coordination Committee (NCCCC) powers to determine whether a website or online application promotes unlawful activities — including the authority to remove content and deactivate platforms.
According to Havi, the amendment unlawfully transfers judicial powers to an executive committee, undermining the constitutional principle of separation of powers.
The arrogation of judicial authority to the Committee is unconstitutional,” Havi said.
“The Executive’s role is to formulate and implement policy, not to adjudicate disputes — a power vested in the Judiciary under Article 159 of the Constitution.”
The senior lawyer further warned that the new provisions infringe on freedom of expression as guaranteed under Article 33 of the Constitution, arguing that the hidden intent of the amendment is to curtail accountability and silence criticism of the government.
“The legislative intention underlying the introduction of paragraph (j) is to limit and curtail freedom of speech, in particular demands for accountability from Government by the People,” he stated.
Havi dismissed justifications offered by members of Parliament and the Executive — including claims that the amendment seeks to preserve morals, reduce depression, and contain divorce — calling such reasoning “nonsense.”
“Morality cannot be legislated upon,” Havi said in the strongly worded statement. “Besides, we all know who watches pornography in Parliament and public functions. What can they tell us about morality?”
He warned that Kenya risks following what he described as the “retrogressive path of Uganda and Tanzania” if it continues to adopt laws that erode digital freedoms.
The former LSK boss expressed confidence that the High Court will strike down the controversial provision, noting that Section 46A of the Act already empowers courts — not committees — to order the removal of unlawful online content or deactivate websites upon conviction or application by victims.
Havi’s statement comes amid ongoing debate over the scope of the Computer Misuse and Cybercrimes (Amendment) Act, 2025. While government officials argue that the law is designed to protect families, children, and national security from harmful online content, critics say it opens the door to censorship and abuse of power.
If challenged, the High Court’s ruling on the constitutionality of the amendment could set a landmark precedent on the limits of state power in regulating Kenya’s digital space.
