NAIROBI, Kenya – The High Court has temporarily halted the implementation of the Computer Misuse and Cybercrime (Amendment) Act, 2024, which President William Ruto assented to last month, pending the hearing and determination of a petition filed by gospel artist and activist Rueben Kigame.
Justice Mugambi issued conservatory orders suspending the new law, which critics have branded a threat to free speech and digital rights.
The suspension marks a significant win for civil society groups and digital rights advocates who argue that the amendments were rushed through Parliament without adequate public participation and in violation of constitutional safeguards.
Free Speech and Privacy at Risk
In his petition, Kigame contends that the Act violates multiple constitutional rights — including freedom of expression, privacy, and digital anonymity — by granting the government sweeping powers over online communication.
The amended law criminalises the spread of “false,” “misleading,” or “mischievous” information, and introduces mandatory verification of social media accounts.
It also compels platforms to take down flagged content preemptively, even before a judicial determination is made.
According to the petitioners, these provisions could muzzle whistleblowers, journalists, and government critics, while undermining the Data Protection Act of 2019.
They also challenge the legislative process, arguing that the Bill was enacted without Senate involvement, contrary to Article 110 of the Constitution, which requires bicameral consideration of legislation affecting counties.
Growing Legal Opposition
The halted Act is one of eight controversial laws recently signed by President Ruto that have drawn public outrage and triggered a wave of constitutional petitions in the High Court.
Human rights organisations and technology policy experts have described the legislation as part of a broader attempt to police online speech and centralise control over digital platforms, warning that it could reverse gains in Kenya’s reputation as a hub for digital freedom.
Kigame, a long-time advocate for constitutionalism, praised the ruling as “a victory for Kenyans and the Constitution,” vowing to continue resisting “laws that threaten liberty under the guise of regulation.”
