The Kenyan High Court in Nairobi has temporarily stopped the enforcement of controversial sections of the newly passed Computer Misuse and Cybercrime (Amendment) Act, 2025.
Justice Lawrence Mugambi issued conservatory orders on Wednesday, halting the application of Sections 27(1)(b), (c), and (2) of the new law.
The order was issued in response to a constitutional petition submitted by Reuben Kigame, a Kenyan singer and activist, and the Kenya Human Rights Commission.
The suspended clauses are part of a broader amendment that has prompted significant outrage among civil society, digital rights organisations, and human rights campaigners.
The dispute revolves around the newly amended Section 27, which makes it illegal to publish "false, misleading, or fictitious data."
Petitioners believe that the statement is "unconstitutionally vague" and lacks clear, objective criteria, resulting in a tool that might be used to suppress journalists, activists, and any citizen critical of the government.
Furthermore, the revised Act gives the National Computer and Cybercrime Coordination Committee broad new powers, including the ability to prohibit or remove websites and applications without court scrutiny. Rights groups have warned that this provision enables arbitrary state censorship and misuse of authority.
The legal case also shows serious breaches of privacy. The petition claims that requiring social media users to verify their accounts using their legal names constitutes a "severe and unjustifiable infringement" of the constitutional right to privacy (Article 31) and the right to anonymous speech, which is protected under the freedom of expression (Article 33).
The petitioners further argue that the new amendments establish a "parallel and conflicting framework" that directly affects Kenya's existing Data Protection Act of 2019, resulting in "legal chaos and uncertainty."
The petitioners allege that the suspended clauses are unconstitutionally ambiguous and endanger freedom of expression, privacy, and access to information.
The conservatory orders issued by Kenyan judge Justice Mugambi will remain in effect until the final hearing and decision on the matter. This decision practically prohibits the government from using the specific parts to investigate, arrest, or prosecute anyone.
Since its introduction, the Computer Misuse and Cybercrimes (Amendment) Act, 2025, has been heavily criticised by civil society and digital rights organisations.
Despite the government's claim that the law is vital to combat fraud, radicalisation, and online exploitation, opponents have repeatedly cautioned that it gives state agencies undue power and risks undermining democratic liberties.
Kenyan President William Ruto signed the bill into law on Wednesday of last week.
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