Kerugoya High Court suspends implementation of section in new Computer Misuse law

Judge Edward Muriithi ruled that the enforcement will halt the enactment of provisions related to section 6 (1) (j), which speaks on the functions of the National Computer and Cybercrimes Coordination Committee.

"This file will be sent to Justice Mugambi on Wednesday. In the meantime you are at liberty as parties in the matter to intervene. Pending applications will be before the judge on Wednesday," he said.

The petition filed by Kirinyaga Woman representative challenged the act, arguing that the amendments will significantly curtail digital platforms and freedom of expression in Kenya.

However, the Attorney General, through lawyer Apolo Nyamondi, has defended the Act, insisting that the law will not infringe on the freedom of expression or digital platforms.

Judge Muriithi ruled that the enforcement will be halted until November 5, 2025, pending the hearing of an application filed before High Court Judge Lawrence Mugambi at the Milimani Court in Nairobi.

Judge Mugambi had issued conservatory orders suspending the enforcement, implementation and operation of Section 27 of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, which covers the offence of cyber harassment.

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