Nairobi — The High Court in Nairobi has temporarily suspended the enforcement of a section of the Computer Misuse and Cybercrimes Act that introduced tougher penalties for cyber harassment -- including fines of up to Sh20 million or imprisonment for up to 10 years.
Justice Lawrence Mugambi issued the conservatory order on Wednesday following an urgent application filed by gospel musician Dr. Reuben Kigame Lichete and the Kenya Human Rights Commission (KHRC).
The petitioners challenged the constitutionality of Section 27(1)(b), (c) and (2) of the amended law, warning the state could use the provisions infringe on freedom of expression to silence dissent or legitimate online criticism.
Kigame, KHRC petition High Court to quash new Computer Misuse and Cyber-crimes law » Capital News
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The suspended clauses were part of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, signed by President William Ruto on October 15.
Section 27 expanded the definition of cyber harassment to include online communications that are "detrimental," "indecent," or "grossly offensive" and "affect a person," even indirectly.
The provision empowered courts to issue restraining orders and compelled service providers to disclose subscriber information to help identify offenders.
Under the amended law, offenders faced a fine not exceeding Sh20 million or imprisonment for up to 10 years, or both -- a significant escalation from the original penalties in the 2018 Act.
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Further direction on November 5
Critics, including human rights groups, warned that the vague language of the section provides an opportunity for misapplication to criminalize robust online debate, satire, or investigative journalism.
In his ruling, Justice Mugambi directed that the implementation and enforcement of Section 27(1)(b), (c), and (2) stands halted pending full determination of the petition.
He ordered the respondents -- among them the Kenya Union of Journalists, the Media Council of Kenya, the Attorney General, and the Directorate of Criminal Investigations (DCI) -- to respond within seven days.
"The enforcement, implementation, and operation of Section 27(1)(b), (c), and (2) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 [are] hereby suspended," read the order issued on Wednesday, October 22.
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The court further directed that the application and supporting documents be served within three days and set November 5 for further directions.
The case marks the first major legal challenge to the amended Cybercrime Act, which has faced mounting opposition over concerns that it could erode digital freedoms, press liberty, and free speech online.
The ruling temporarily halts implementation of one of its most controversial provisions, pending a constitutional review of its implications on civil liberties in Kenya.
