Communications Authority of Kenya takes LSK to court over controversial cybercrime law
The Communications Authority accuses LSK of abusing court process as legal battle over Kenya’s cybercrime law intensifies.
The Communications Authority of Kenya (CA) has moved to the High Court to oppose the Law Society of Kenya’s (LSK) bid to extend conservatory orders that temporarily suspend parts of the Computer Misuse and Cybercrimes (Amendment) Act, 2025.
In documents filed at the Constitutional and Human Rights Division, the CA, through Lutta & Company Advocates, has raised both a preliminary objection and detailed grounds of objection against the LSK’s petition and notice of motion.
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The Authority argues that the orders, granted on 22nd October 2025, were obtained through “suppression and non-disclosure of material facts.”
According to the CA, the LSK “failed to serve the orders within the time directed by the court,” only doing so on October 31, 2025, contrary to the instructions issued when the orders were granted.
The authority further contends that the matter is res judicata, noting that similar issues were fully determined in Nairobi HCCHR No. 102 of 2019, a petition concluded on February 20, 2020, by Justice J.A. Makau.
The CA also highlights that an appeal concerning the 2019 petition is still pending before the Court of Appeal, making the current suit res sub judice.
Describing the LSK’s actions as an “abuse of court process,” the CA insists that the new petition should be “struck out in its entirety.”
The LSK has sued the Attorney General, the Cabinet Secretary for ICT and Digital Economy, the Communications Authority, the Inspector General of Police, and the National Assembly in a constitutional petition challenging provisions of the Cybercrimes Amendment Law.
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