In a major victory for freedom of expression advocates, the High Court has temporarily suspended key provisions of President William Ruto’s Computer Misuse and Cybercrimes (Amendment) Act, 2025, pending a full constitutional review.
Justice Lawrence Mugambi issued conservatory orders on October 22, 2025, halting the enforcement of Sections 27(1)(b), 27(1)(c), and 27(2) of the amended law, which criminalize electronic communication deemed “detrimental,” “indecent,” or “grossly offensive.”
The ruling follows an urgent petition filed by gospel musician Reuben Kigame and the Kenya Human Rights Commission (KHRC), who argue that the law’s vague wording violates constitutional rights to free speech, privacy, and digital anonymity.
“The law lacks clear standards and could allow authorities to interpret it arbitrarily,” Kigame said, warning it could be used to silence critics, intimidate journalists, and suppress dissent.
Critics further allege the law was unconstitutionally passed after bypassing Senate approval under Article 110 of the Constitution. The case will return to court for further directions on November 5, 2025, in what is shaping up to be a defining moment for Kenya’s digital democracy.
