The High Court sitting in Kerugoya has temporarily suspended the implementation and enforcement of another section of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, pending the hearing and determination of a petition challenging its constitutionality.
Justice Edward Muriithi issued the conservatory orders on Monday, October 27, 2025, following an application by Kirinyaga Woman Representative Njeri Maina, who sued the State Law Office, the National Assembly, and others.
In her petition, Maina argues that the enactment of the 2025 Amendment Act without the involvement of the Senate was unconstitutional.
She contends that the law touches on matters affecting county governments and therefore required Senate participation as provided for under Article 96 and the Fourth Schedule of the Constitution.
Justice Muriithi noted that the petition raised weighty constitutional issues requiring immediate attention.
He certified the application as urgent and granted interim conservatory orders halting the law’s implementation for seven days.
“Pending the inter partes hearing of this application, a conservatory order be and is hereby issued suspending the coming into force, implementation, operation, and/or enforcement of Section 6(1)(a) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025,” the order stated.
The judge further directed that the petition be served on all respondents, including the State Law Office and the National Assembly, ahead of a mention scheduled for Monday, November 3, 2025, when further directions will be given.
The case challenges the constitutionality of the law, arguing that it was passed in violation of the Constitution’s provisions requiring public participation and Senate oversight in matters affecting counties.
Justice Muriithi’s ruling means that, for the next seven days, no section of the contested amendment may be implemented or enforced by any government agency.
The court’s order came after it reviewed the matter in chambers in the absence of legal representatives from both sides.
The judge also issued a penal notice warning that any disobedience of the court’s directive would attract legal 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,” read the notice signed by Justice Muriithi.
The ruling sets the stage for a constitutional showdown over the controversial cybercrime law, which critics argue expands state powers in ways that could infringe on privacy and freedom of expression.
The court will next determine whether the Computer Misuse and Cybercrimes (Amendment) Act, 2025, was properly enacted and whether it violates constitutional provisions governing devolution and legislative procedure.
