NAIROBI, KENYA – The High Court of Kenya on Wednesday, October 22, 2025, temporarily suspended contentious sections of the Computer Misuse and Cybercrimes (Amendment) Act, 2024, following significant public outcry and legal challenges from human rights organizations. The amended law, signed by President William Ruto on Tuesday, October 15, 2025, introduced sweeping new powers for the state to regulate online content, sparking fears of escalating censorship and a crackdown on dissent in Kenya's vibrant digital space.

The conservatory orders issued by Justice Lawrence Mugambi of the Milimani Law Courts specifically halt the enforcement of Section 27, which broadened the definition of cyber harassment and introduced severe penalties, including fines up to KSh 20 million and imprisonment for up to 10 years. The petition, filed by musician and activist Reuben Kigame and the Kenya Human Rights Commission (KHRC), argued that the amendments are unconstitutional and pose a grave threat to freedom of expression, privacy, and media freedom.

A Chilling Effect on Free Speech

Civil society groups, including ARTICLE 19, Human Rights Watch, and the Bloggers Association of Kenya (BAKE), have been vocal critics since the amendment bill was published on Friday, August 9, 2024. They contend that the law's vague and overly broad language could be weaponized to silence journalists, activists, and ordinary citizens critical of the government. Provisions criminalizing the publication of "false, misleading or fictitious data" and content "likely to cause panic" are seen as particularly problematic, echoing concerns raised against the original 2018 Act.

Critics argue these clauses grant excessive power to the National Computer and Cybercrimes Coordination Committee (NC4), a body largely composed of security officials, to order the blocking of websites and removal of content without sufficient judicial oversight. Human Rights Watch warned that such powers could be used to suppress dissent under the pretext of national security. The Kenya Conference of Catholic Bishops also urged for a review, stating the law could be abused to curtail fundamental freedoms.

Government's Defense: A Necessary Tool for Security

The government has defended the amendments as a crucial update to combat rising digital threats. Officials cite the need to tackle online fraud, terrorism propaganda, hate speech, and the spread of extremist religious ideologies. Information, Communications and the Digital Economy Cabinet Secretary William Kabogo stated the law targets criminal misuse of technology, not legitimate criticism or media work, and is essential for safeguarding citizens. Government Spokesperson Isaac Mwaura assured the public on Thursday, October 23, 2025, that any website takedowns would be subject to judicial review and not arbitrary.

The amendments also introduced new offenses specifically targeting modern cybercrimes like SIM-swap fraud and expanded the definition of phishing to include fraudulent phone calls, reflecting the evolving nature of digital crime in Kenya. According to the Communications Authority of Kenya, the country experienced 2.54 billion cyber threats in the first quarter of 2025 alone, a significant increase from the previous period.

A History of Legal Battles and Public Mistrust

The 2025 amendments build upon the controversial Computer Misuse and Cybercrimes Act of 2018, which has faced legal challenges since its inception. Civil society groups have consistently argued that the law has been used to intimidate and harass online critics. A recent report by Amnesty International, published on Tuesday, November 18, 2025, documented how authorities allegedly used digital tools, including surveillance and online harassment, to suppress the youth-led protests against the 2024 Finance Bill. This context has fueled public suspicion that the latest amendments are a reactionary measure to curb online activism.

The High Court's intervention provides a temporary reprieve for digital rights advocates. The case is set for further directions on Wednesday, November 5, 2025, when the court will continue its constitutional review of the contested law. The outcome of this legal battle will be a landmark decision for Kenya, shaping the future of its digital landscape and the delicate balance between ensuring cybersecurity and protecting the constitutional rights of its citizens.