KERUGOYA, Kenya – The High Court in Kerugoya has extended orders barring the implementation of parts of the Computer Misuse and Cybercrime (Amendment) Act, 2025, citing concerns over potential infringement on freedom of expression.
Justice Edward Muriithi on Friday halted the enforcement of provisions touching on Section 6(1)(j) of the Act, which outlines the functions of the National Computer and Cybercrimes Coordination Committee.
“This file will be sent to Justice Mugambi on Wednesday. In the meantime, you are at liberty as parties in the matter to intervene. Pending applications will be before the judge on Wednesday,” ruled Justice Muriithi.
The case was filed by Kirinyaga Woman Representative, who argues that the amendments to the Act could curtail online freedoms and stifle digital expression in Kenya.
However, the Attorney General, represented by lawyer Apolo Nyamondi, defended the legislation, maintaining that the new law seeks to enhance cybersecurity without infringing on fundamental freedoms.
Justice Muriithi directed that the enforcement remain suspended until November 5, 2025, pending a related hearing before High Court Judge Lawrence Mugambi at the Milimani Law Courts in Nairobi.
Judge Mugambi had earlier issued conservatory orders on October 22, suspending the implementation of Section 27 of the same law, which criminalises cyber harassment.
The order followed a petition by the Kenya Human Rights Commission (KHRC) and former presidential aspirant Reuben Kigame, who argue that the amendments are unconstitutional, null and void.
The latest decision means that enforcement of key provisions of the amended cybercrime law remains frozen as courts continue to weigh the law’s impact on digital rights and free expression.
