The High Court of Kenya has issued temporary orders suspending the enforcement of several key provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, following a constitutional petition filed by activist Reuben Kigame Lichete and the Kenya Human Rights Commission (KHRC).
In a ruling delivered on October 22, 2025, Hon. Justice L. N. Mugambi, sitting at the Milimani Law Courts, granted a conservatory order halting the implementation and operation of Section 57(1)(b), (c), and (2) of the Act, pending the full hearing and determination of the case HCCRPET/E673/2025: Reuben Kigame Lichete & Kenya Human Rights Commission vs Kenya Union of Journalists & four Others.
The court’s order temporarily stops the government from enforcing these sections, which have been challenged for allegedly violating the rights to privacy, freedom of expression, and access to information under the Kenyan Constitution. The petitioners argue that the amended cybercrimes law contains overly broad provisions that could be misused to silence critics, journalists, and online activists. They further contend that the law’s passage lacked proper public participation a key requirement in Kenya’s legislative process.
Court Directions and Next Steps
Justice Mugambi set clear timelines to ensure the case proceeds expeditiously:
-
The application and supporting documents must be served to all respondents within three days from the date of the order.
-
The Attorney General and the Speaker of the National Assembly, named as respondents, must file and serve their responses within seven days of service.
-
The petitioners may file a rejoinder within seven days of receiving those responses.
-
The matter will be mentioned for further directions on November 5, 2025.
The court also acknowledged the participation of interested parties, including the Law Society of Kenya (LSK), the Kenya Union of Journalists (KUJ), and the Office of the Data Protection Commissioner, reflecting the wide concern over the implications of the new amendments on digital rights and media freedom.
The Computer Misuse and Cybercrimes (Amendment) Act, 2025 has drawn sustained criticism from civil society since its enactment earlier this year. Among the contested clauses are those addressing false information, cyber harassment, and data sharing, which critics say grant excessive powers to state agencies and carry harsh penalties that may discourage online expression.
By suspending parts of the law, the High Court has effectively opened the door for deeper constitutional scrutiny of how Kenya balances cybersecurity concerns with human rights protections in the digital space. The decision also reinforces the judiciary’s role as a key guardian of constitutional freedoms amid rapidly expanding state oversight of online content.