The High Court in Nairobi has suspended the enforcement and implementation of key provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, pending the hearing and determination of a petition challenging their legality.
Justice Lawrence Mugambi on Wednesday issued a conservatory order halting the operation of Section 27(1)(b), (c), and (2) of the amended law.
The case was filed by Reuben Kigame Lichete and the Kenya Human Rights Commission against the Kenya Union of Journalists, the Media Council of Kenya, and four others.
Justice Mugambi directed that the petitioners serve the application and related submissions within three days and file proof of service with the court.
Respondents are required to file their responses within seven days from the date of service, while the petitioners may file rejoinders within seven days of receiving responses.
“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,” Justice Mugambi ordered.
The court set November 5, 2025, for further directions on the matter.
Justice Mugambi also cautioned all parties against disobeying the court’s directive.
He warned that any failure to comply would attract penal consequences.
“Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person disobeying and not observing the same,” the judge stated.
The order was issued under the High Court’s Constitutional and Human Rights Division at the Milimani Law Courts.
The new law introduces far-reaching changes designed to address emerging threats such as cyber fraud, digital terrorism, identity theft, and harmful online content, positioning Kenya among African nations taking a firm stand against the misuse of technology.
The amendments expand the original 2018 legislation, reflecting the rapid evolution of cyberspace and the growing sophistication of online criminal activity.
Among the most significant changes is a new power allowing authorities to shut down websites or mobile applications found to promote unlawful activities, child sexual content, terrorism, religious extremism, or cultism.
Under Section 6 of the amended law, an authorised agency can now issue a directive to make such platforms inaccessible to the public.
This provision marks a turning point in Kenya’s digital regulation, enabling faster intervention against harmful online content that threatens national security or morality.
