The government has been temporarily banned from enforcing two contentious provisions of the Computer Misuse and Cybercrimes (Amendment) Act 2024, including one that permits the shutdown of social media platforms.
On Thursday, High Court judge Justice Lawrence Mugambi suspended the implementation of Sections 27(1)(b) and 6 of the Act until petitions filed against the amendment are fully heard and determined.
Mugambi also froze Section 6(1)(j)(a) of the law, which permits the government to block websites or applications that allegedly promote unlawful activities, inappropriate obscene content involving minors and intimidations'
“Following the parties’ agreement, the court adopts the same as a consent order and allows the suspension of Sections 6 and 27 of the Computer Misuse and Cybercrimes Act pending hearing and determination of this case,” Mugambi ruled.
According to Justice Mugambi, social media will be protected until the six petitions challenging the new cybercrime legislation have been fully considered.
He also ordered the Attorney General, the Communications Authority of Kenya (CA), Members of Parliament and the petitioners to agree on amending the previous orders that froze the entire Computer Misuse and Cybercrimes (Amendment) Act 2024.
The AG and CA argued that the initial court orders issued on October 22, suspending the enforcement of the Computer Misuse and Cybercrimes (Amendment) Act, 2024, were too broad and had hindered the state from enforcing other uncontested parts of the law.
“After consultations with all parties, we have agreed to amend the earlier orders and suspend only two sections of the Cybercrimes Act until the case is heard and determined,” Paul Nyamodi, lawyer representing AG, stated.
Patrick Lutta, CA's lawyer, also opposed the earlier suspension, arguing that it was obtained through non-disclosure of material facts and could affect online safety and law enforcement.
The original orders were issued after petitions by Gospel artist Reuben Kigame and Kirinyaga Woman Representative Jane Njeri claimed the amendments signed by President Ruto on October 15, 2025, were threatening digital rights and freedom of expression.
Justice Mugambi also issued a suspension of Section 27 of the Act, which prohibits certain online offences until the court concludes the ongoing petitions.
This section includes a clause that it is an offence for an author to post a message that could cause the recipient to take their own life
