High Court Temporarily Halts Implementation of New Cybercrime Laws
The High Court has stopped the government from enforcing the new Computer Misuse and Cybercrimes (Amendment) Act, 2024, which was signed into law just last week.
Justice Lawrence Mugambi, in a ruling made on Wednesday, October 22, issued temporary (conservatory) orders stopping the enforcement, implementation, and operation of specific sections of the amended law — particularly Section 27(1)(b), (c), and (2).
These are the same sections that Parliament had recently amended through a bill introduced in August 2024.
The judge made the decision after hearing an urgent petition filed by gospel musician and activist Reuben Kigame together with the Kenya Human Rights Commission (KHRC).
The two petitioners moved to court on Tuesday, arguing that the new amendments pose a serious threat to digital rights and freedom of expression in Kenya.
“Pending the hearing and determination of this case, the court hereby issues a conservatory order suspending the enforcement, implementation, and operation of Section 27(1)(b), (c), and (2) of the Computer Misuse and Cybercrimes (Amendment) Act, 2024,” read part of Justice Mugambi’s ruling.
The petitioners argued that several provisions of the amended law would give government agencies excessive powers to spy on citizens, access private online accounts, and restrict online activities without court approval.
According to them, this violates fundamental rights protected under Articles 31, 33, 34, 35, and 36 of the Constitution, which safeguard privacy, freedom of expression, access to information, and media freedom.
They further warned that the new law could be used to silence critics, journalists, and social media users who express dissenting opinions or criticize government officials.
In his interim orders, Justice Mugambi directed that the petition and all accompanying documents be served physically to the respondents within three days and that proof of service be filed in court. The judge also ordered that responses and written submissions be filed within seven days after service.
The matter is expected to return to court on November 5, when the judge will give further directions, which may include setting a date for the full hearing or determining how the case will proceed.
The Computer Misuse and Cybercrimes (Amendment) Bill, 2024, was first published by the National Assembly on August 9, 2024.
The Bill went through public participation, where members of the public, civil society groups, and technology experts presented their views before the Departmental Committee on Communication, Information, and Innovation.
According to the government, the amendment was meant to strengthen the fight against online crime, terrorism, and harmful digital practices.
It introduces stricter rules against using digital platforms to promote terrorism, religious extremism, or cultic activities.
It also broadens the definition of computer misuse to include any unauthorized access, modification, or interference with computer systems or data.
The law further categorizes cybercrime as any ICT-enabled offence that targets digital networks or information systems.
While the government insists the amendments are necessary to enhance cybersecurity and national safety, rights groups argue that the vague wording of some clauses could easily be misused to target online users, limit press freedom, and undermine constitutional rights.
The court’s decision now places a temporary freeze on the law, giving digital rights advocates and ordinary Kenyans some relief as they await the next hearing.
All eyes are now on the High Court as the nation watches how this landmark case will shape the future of internet freedom and digital governance in Kenya.
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