High Court suspends enforcement of disputed sections of cybercrime law pending petition hearing
The court’s decision offers temporary relief to rights activists who argue that Kenya’s new cybercrime law threatens privacy, free speech, and media freedom.
The High Court in Nairobi has temporarily suspended the enforcement of several disputed provisions within the Computer Misuse and Cybercrimes (Amendment) Act, 2024, pending the hearing of a petition challenging their constitutionality.
Justice Lawrence Mugambi, sitting at the Milimani Law Courts, issued the conservatory orders after certifying as urgent an application filed by musician and activist Reuben Kigame Lichete and the Kenya Human Rights Commission (KHRC). The petitioners argue that sections of the amended law threaten fundamental constitutional freedoms, including the right to privacy, freedom of expression, access to information, and media independence.
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The petition — filed under the matter Reuben Kigame Lichete and Kenya Human Rights Commission v. Kenya Union of Journalists, Media Council of Kenya and Four Others — specifically contests Sections 27, 30, and 31 of the Amendment Act. These provisions relate to digital surveillance, regulation of online content, and expanded State powers over cyber activities, which the petitioners describe as “vague, overbroad, and ripe for abuse.”
Privacy rights
In their court papers, the petitioners claim that the amendments introduce mandatory verification of all social media accounts and compel users to disclose personal identifiers and legal names. They argue that this infringes on privacy rights and contradicts data minimisation principles protected under the Data Protection Act, 2019.
They further contend that the amendments undermine the independence of the Office of the Data Protection Commissioner (ODPC) by creating parallel data regulation systems, potentially exposing citizens to unwarranted State surveillance.
The Attorney General and the Speaker of the National Assembly have been named as respondents, while the Kenya Union of Journalists (KUJ), Media Council of Kenya, Law Society of Kenya (LSK), and the Data Protection Commissioner have been listed as interested parties.
The petitioners also challenge the legislative process, claiming that Parliament failed to conduct adequate public participation and did not seek the required concurrence from the Senate for a Bill affecting county governments. As a result, they say, the enactment is “procedurally defective.”
Justice Mugambi directed the petitioners to serve the application and supporting documents within three days, while the respondents were granted seven days to file their responses. The case will be mentioned on November 5, 2025, for further directions.
This petition marks the second legal challenge to the 2024 amendments, signalling growing concern among human rights groups, journalists, and digital rights advocates, who warn that the law could have a chilling effect on online speech and investigative journalism.
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