Court suspends cyber harassment section in new Computer Misuse law

In a ruling issued on Wednesday, October 22, Judge Lawrence Mugambi of the Milimani Law Courts ordered that the temporary suspension would allow for the determination of an application filed by the Kenya Human Rights Commission and former Presidential Aspirant Reuben Kigame, which seeks to declare the newly signed law as unconstitutional, null and void. 

"Pending the hearing and determination of this application, a conservatory order is hereby issued suspending the enforcement, implementation and operation of Section 27(1)(b), (c) and (2) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025," Judge Mugambi ruled. 

The petitioners argued that the law, which was signed into law by President William Ruto on October 15, 2025, introduces vague and overbroad provisions that criminalise online expression and weaken Kenya’s Data Protection Act of 2019.

Among the contested sections is clause 27, which expanded the scope of the offence of cyber harassment and imposed a fine not exceeding Ksh.20 million or a jail-term not exceeding 10 years for those found guilty. 

The Act was part of eight bills that President Ruto signed into law shortly before announcing the death of former Prime Minister Raila Odinga, sparking public concerns over the new laws. 

Aside from cyber harassment, the Act amended section 30 by expanding the scope of the offence of phishing, which includes action against identity theft committed through email or phone calls.

Those found guilty will pay a fine not exceeding Ksh.300,000 or imprisonment for a term not exceeding three years or both if they create or operate a website, or send a message through a computer system, with the intention of defrauding a person to disclose their personal information. 

Another section of the Act involved dealing with the offence of unauthorised SIM-swap offences. 

"A person who willfully causes unauthorised alteration and unlawfully takes ownership of another person's SIM-card with intent to commit an offence, is liable on conviction, to a fine not exceeding Ksh.200,000 or to imprisonment for a term not exceeding two years, or both," reads part of the Act.