The High Court in Nairobi has temporarily stopped the government from enforcing the cyber harassment section of the new Computer Misuse and Cybercrimes (Amendment) Act, 2025, pending a full hearing of a case challenging its constitutionality.
Justice Lawrence Mugambi of the Milimani Law Courts issued the order on Wednesday, saying the suspension would remain in place until the court determines whether the new law violates the Constitution.
“Pending the hearing and determination of this application, a conservatory order is hereby issued suspending the enforcement, implementation, and operation of Section 27(1)(b), (c), and (2) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025,” ruled Justice Mugambi.
The case was filed by the Kenya Human Rights Commission (KHRC) and former presidential aspirant Reuben Kigame.
They argue that the amended law, signed by President William Ruto on October 15, 2025, contains vague and overbroad terms that could criminalise legitimate online expression, especially criticism of public officials and institutions.
According to the petitioners, the law threatens freedom of speech and undermines Kenya’s Data Protection Act (2019) by allowing the government to regulate digital content too broadly.
“This law could easily be used to silence online dissent and limit freedom of expression,” said a representative from KHRC.
The contested Section 27 expands the definition of cyber harassment and introduces harsher penalties — a fine of up to Ksh. 20 million or imprisonment for up to 10 years, or both, for those found guilty.
Human rights groups say the section lacks clear limits on what qualifies as “harassment,” opening the door for abuse and arbitrary arrests.
The 2025 amendment to the Computer Misuse and Cybercrimes Act also addresses new digital offences, including phishing, identity theft, and SIM-swap fraud.
Under the law:
• Those found guilty of phishing — attempting to obtain personal information through fake emails or websites — face a fine of up to Ksh. 300,000 or three years in jail.
• Anyone who illegally swaps another person’s SIM card faces a fine of up to Ksh. 200,000 or two years in jail.
These new clauses aim to strengthen cybersecurity, but critics say they were rushed without sufficient public participation and contain ambiguous language that could criminalise ordinary online behaviour.
The Act was part of eight bills signed by President Ruto at State Lodge, Homa Bay, on August 13, 2025, just before he announced the death of former Prime Minister Raila Odinga — a moment that diverted national attention from the controversial laws.
Since then, public debate has grown over whether the government is using cybersecurity reforms to control online spaces amid rising political tension and citizen activism on social media.
The High Court will now hear arguments from both the Attorney General and the petitioners in the coming weeks.
If the law is found to violate the Constitution, the court could permanently nullify the cyber harassment section or order Parliament to redraft it in line with Kenya’s Bill of Rights.
For now, online users can breathe easy — no one can be charged under the suspended cyber harassment provisions until the case is concluded.
