A petition has been filed at the Milimani Law Courts challenging the Computer Misuse and Cybercrimes (Amendment) Act, 2024, which was signed into law by President William Ruto on October 15, 2025.
In their case, the petitioners argued that the amended law violates several provisions of the Constitution, including the rights to privacy, freedom of expression, access to information, and fair administrative action.
The petition was filed by the Kenya Human Rights Commission (KHRC) and former presidential contender Reuben Kigame at the High Court, arguing that the law contains vague and overbroad provisions that outlaw legitimate online expression and undermine existing data protection safeguards.
According to court documents, the petitioners named the Attorney General and the Speaker of the National Assembly as respondents, accusing them of failing to ensure that the legislative process met constitutional and procedural requirements.
Further, the petitioners argued that several sections of the amended Act grant government agencies unchecked powers to monitor, access, and restrict online accounts without judicial oversight, contravening Articles 31, 33, 34, 35, and 36 of the Constitution, which safeguard privacy, freedom of expression, and media independence.
Additionally, they also claimed that the law directly undermines the Data Protection Act of 2019 by introducing conflicting data-handling procedures, effectively creating a parallel regulatory system that dilutes the mandate of the Office of the Data Protection Commissioner (ODPC).
At the same time, the petitioners argued that Parliament committed a procedural irregularity by failing to refer the Bill to the Senate for consideration, despite it being a matter that concerns county governments as defined in the Constitution.
Prayers Sought
In their plea, the petitioners asked the court to declare the Computer Misuse and Cybercrimes (Amendment) Act, 2024, unconstitutional, null, and void.
They also want a permanent order barring the government from implementing or enforcing any of its disputed provisions until the case is determined.
Backing
On Tuesday, former Chief Justice David Maraga faulted President William Ruto’s administration for hurriedly assenting to contentious pieces of legislation, while backing the petitions challenging the laws in court.
Speaking during a press briefing in Nairobi, Maraga accused the government of rushing to implement laws that directly threaten constitutional freedoms.
Parliamentary Process
Meanwhile, the National Assembly published the Computer Misuse and Cybercrimes (Amendment) Bill, 2024, on August 9, 2024.
The Bill underwent public participation and review by the Departmental Committee on Communication, Information, and Innovation, with stakeholder inputs from civil society and industry leaders.
