Wamuzi News Ke
In a dramatic blow to Kenya’s new cyber-regulation regime, the Kerugoya High Court has ordered a seven-day suspension on enforcing the newly enacted Computer Misuse and Cybercrimes (Amendment) Act, 2024, citing serious constitutional concerns.
Court halts law amid constitutional storm
In a ruling published late Monday, Justice Edward Muriithi certified as urgent the petition filed by Jane Njeri Maina, Member of Parliament for Kirinyaga County, and granted conservatory orders that suspend Section 6(1)(a) of the Amendment Act for one week pending further hearing.
Maina contends that the law was enacted without proper participation by the Senate of Kenya, which she argues is mandated under Articles 96 and 110(1)(a) of the Constitution because the Act touches on matters affecting county governments.
Massive implications for digital governance
The suspension comes just twelve days after President William Ruto assented to the Bill on October 15, 2025. The legislation expands the state’s powers over electronic media, including offences related to unauthorised system access, data modification, and publication of content deemed harmful or extremist.
Civil society organisations and rights-groups had warned that several provisions were vaguely worded and posed a real threat to freedom of expression and the right to information.
How this was triggered
According to the court record, the petition argues that by bypassing the Senate’s review, the law’s passage violated the principle of bicameralism and the devolution provisions in the Constitution. The ruling directs that the petition, along with accompanying documentation, be served on the Office of the Attorney General, the National Assembly and other stakeholders ahead of a further mention on November 3.
Notably, just days earlier another High Court judge issued similar orders to halt sections 27(1)(b), (c) and (2) of the same Act.
What this means now
With enforcement suspended, the following key consequences take immediate effect:
- No prosecutions may proceed under Section 6(1)(a) until the court’s further directions.
- Government agencies and digital platforms must pause any operationalisation of provisions tied to the suspended section.
- The decision places pause on the rollout of an apparatus that critics say could have wide-ranging impact on online speech, privacy and data rights.
- Political spotlight intensifies on Parliament’s legislative process and whether the enactment of laws affecting counties without Senate involvement is legally tenable.
Why Kenyans should care
This is more than just a legal technicality. The Amendment Act was billed as a cornerstone in Kenya’s fight against cyber-fraud, terror-linked online activity, and digital threats. But it also had contours that many viewed as authoritarian.
The court’s intervention pauses those measures—and raises urgent questions about whether the balance between security and citizenship rights has tipped too far.
For ordinary citizens, creators, online platforms and mobile traders, the ruling brings clarity amid uncertain regulatory terrain. The suspension signals there is judicial caution before sweeping changes to how Kenyans use digital tools and express themselves online.
