The Kenya Human Rights Commission and presidential hopeful Reuben Kigame have filed a petition challenging the Computer Misuse and Cybercrimes (Amendment) Act, 2024, saying it gives the state sweeping powers to monitor, silence, and endanger citizens who criticize the government.
President William Ruto signed the law on October 15, 2025, despite mounting fears it could deepen state repression.
At the center of the petition is a clause that criminalizes publishing what the law calls “false, misleading, or mischievous information.” The petitioners argue this vague wording lets the government decide what is true and punish those who speak against it.
The law also requires all social media users to verify their accounts using official government names — a move the petitioners say paves the way for state surveillance, profiling, and intimidation.
“The mandatory verification requirement constitutes a blanket infringement of the right to privacy under Article 31 of the Constitution,” the petition reads. “It forces the unnecessary revelation of private affairs and directly infringes upon the privacy of communications.”
Kigame and KHRC warn that the law effectively outlaws online anonymity, long used by whistleblowers and victims of state violence to protect themselves.
They say it also pressures digital platforms to take down flagged posts too quickly, creating “a culture of pre-emptive censorship that silences online debate before it even begins.”
“This law criminalizes speech on the basis of speculation,” the petition adds. “It targets communication that the state claims could hypothetically cause harm, without any demonstrable link between expression and outcome.”
The two further argue that the bill was passed unconstitutionally, since it was never debated by the Senate, even though it affects county functions.
