The contentious Computer Misuse and Cybercrimes (Amendment) Act, 2024, has suffered another major setback after the Kerugoya High Court temporarily halted its enforcement. Justice Edward Muriithi on Monday issued a conservatory order suspending Section 6(1)(a) of the new law for seven days, pending further court directions.
The ruling came after Kirinyaga Woman Representative Jane Njeri Maina filed a fresh petition challenging the constitutionality of the amendments. She argued that Parliament passed the law without the Senate’s involvement, despite its provisions touching on county functions.
Justice Muriithi certified the petition as urgent and ordered the petition and application served on the State Law Office, the National Assembly, and other respondents. The matter will be mentioned on November 3 for further directions.
“The application seeking conservatory orders pending hearing of the petition for a declaration on the unconstitutionality of the Act is certified urgent in view of the reliefs sought,” Justice Muriithi stated in his ruling.
Background of the Cybercrimes Laws Controversy
The Computer Misuse and Cybercrimes (Amendment) Act, 2025, was signed into law by President William Ruto on October 15, 2025, despite widespread public criticism. The law, which amends the original 2018 Act, introduces stricter provisions to curb online offences, misinformation, and extremism.
However, the amendments have been met with opposition from rights groups, lawmakers, and civil society organizations. They argue that the new law threatens freedom of expression and digital rights. Many see it as a tool to silence government critics and limit online dissent.
Njeri Maina’s petition follows a similar case filed by gospel musician and activist Reuben Kigame, together with the Kenya Human Rights Commission (KHRC). The two moved to court earlier this month, arguing that the amendments were unconstitutional and draconian.
Justice Lawrence Mugambi had already issued conservatory orders in that case, suspending the enforcement of Section 27(1)(b), (c), and (2) of the Act, pending full hearing on November 5.
Lawmakers Challenge the Constitutionality of the Process
In her court filing, Njeri Maina said the passage of the amendment bill without Senate participation violated Articles 96 and 110(1)(a) of the Constitution. These articles require Senate involvement in any legislation affecting county governments.
She maintained that the amendments deal with issues that directly affect county operations, including cyber governance, public communication, and local data systems.
“The enactment of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, without Senate participation was unconstitutional, null and void,” her petition reads in part.
Legal analysts argue that the petition could expose deeper procedural flaws in the legislative process and potentially invalidate the entire Act if the court rules in her favor.
Mounting Pressure on the Ruto Administration
The court battles have added to growing pressure on President William Ruto’s administration, which has been facing backlash over a series of controversial laws and policy decisions. The temporary suspension of the Cybercrimes Laws comes amid public outcry over shrinking civic space and digital surveillance concerns.
Critics say the amendments give state agencies excessive powers to monitor online activity and criminalize free speech. Supporters, however, argue that the changes are necessary to combat cyber fraud, misinformation, and online extremism.
The government has remained tight-lipped following the Kerugoya court ruling. Sources indicate that the Attorney General’s office is preparing to challenge the conservatory orders in the coming days.
Both the Kerugoya and Nairobi High Courts are now handling similar petitions challenging the same Act. The outcomes of these cases could set a critical precedent for how digital rights are protected in Kenya.
For now, the enforcement of the new Cybercrimes Laws remains frozen until further directions are issued on November 3.
