Court Protects Digital Freedom of Expression

NAIROBI, EAT – In a significant victory for digital rights and freedom of expression in Kenya, the High Court on Thursday, November 6, 2025, barred the government from shutting down social media platforms or disabling websites. The ruling, delivered by Justice Lawrence Mugambi at the Milimani Law Courts, provides a crucial check on state power over the digital space, pending the determination of six consolidated petitions challenging the controversial Computer Misuse and Cybercrimes (Amendment) Act, 2024.

The conservatory orders specifically suspend the implementation of contentious sections of the Act, which President William Ruto signed into law on October 15, 2025. One of the key suspended clauses, Section 6(1)(j)(a), would have empowered the government to direct the shutdown of social media applications under certain circumstances. Additionally, the court froze the implementation of Section 27, which broadens the definition of cyber harassment to include communication "likely to cause" a person to commit suicide, a provision critics argued was vague and open to misuse.

A Consensus to Narrow the Freeze

The decision came after a consensus was reached in court between the petitioners and the state. Attorney General Dorcas Oduor and the Communications Authority of Kenya (CAK) had argued that initial court orders issued in October 2025, which suspended the entire amended Act, were "too wide" and hindered the government's ability to tackle uncontested cybercrimes. Following negotiations, the parties agreed to refine the interim orders to target only the most disputed sections, allowing the rest of the law to remain in effect while the constitutional challenge proceeds.

A broad coalition of civil society groups, politicians, and activists filed the petitions. The litigants include gospel artist Reuben Kigame, Kirinyaga Woman Representative Jane Njeri, the Kenya Human Rights Commission (KHRC), the Law Society of Kenya (LSK), and Embakasi East MP Babu Owino. They contend that the amended law is a direct assault on the freedom of expression and access to information guaranteed under Article 33 of the Kenyan Constitution.

Context: A Pattern of Digital Control?

This legal battle unfolds against a backdrop of increasing state efforts to regulate online spaces. The government has consistently defended such measures as necessary to combat hate speech, misinformation, and other online harms. However, these moves have been met with fierce resistance from digital rights advocates who fear they are a pretext for censorship and suppressing dissent.

This is not the first time the judiciary has stepped in to protect online freedoms. In a separate case on May 14, 2025, Justice Bahati Mwamuye issued a similar conservatory order restraining the government and internet service providers from shutting down or throttling internet services. That petition, filed by the International Commission of Jurists (ICJ) Kenya and other groups, cited previous internet disruptions, including the throttling of services during the nationwide #RejectFinanceBill protests on June 25, 2024, and the blocking of the Telegram messaging app during national examinations in 2023 and 2024.

The government's recent legislative push follows earlier attempts to control social media, including a 2023 petition to Parliament to ban TikTok, which was ultimately rejected by a parliamentary committee in September 2024 on the grounds that it would violate fundamental rights. In January 2025, the government also mandated that all social media companies establish physical offices in Kenya to enhance accountability.

Implications for Kenya and East Africa

The High Court's decision is a critical development for Kenya's vibrant digital sphere, which serves as a key platform for political discourse, civic organizing, and economic activity. The ruling reaffirms the judiciary's role as a guardian of constitutional rights against potential executive overreach. For ordinary Kenyans, it temporarily secures the platforms they use daily for communication, commerce, and accessing information without the looming threat of an arbitrary shutdown.

The outcome of the consolidated petitions will have far-reaching implications, setting a precedent for how digital rights are balanced against state security and public order concerns not only in Kenya but potentially across the East Africa region, where similar debates on internet regulation are ongoing. The court has directed all parties to file their responses by Friday, November 14, 2025, when the case will be mentioned for compliance. The nation now watches as the judiciary prepares to make a final determination on the constitutionality of the state's new powers in the digital age.