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Court temporarily blocks govt from implementing parts of Computer Misuse and Cybercrimes Act
06th November, 2025 05:44 PM
A Nairobi High Court has blocked the government from implementing two clauses of the Computer Misuse and Cybercrimes (Amendment) Act, 2024, which includes the shutting down of social media platforms pending the determination of six petitions challenging the law.
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Justice Lawrence Mugambi on Thursday, November 6, 2025, suspended the execution of Section 27 (1) (b), which criminalises some online offences where a message or email is likely to cause the recipient to commit suicide.
Judge Mugambi also suspended Section 6 of the Cybercrime Law, which seeks to shut down social media platforms, including Facebook, X (formerly Twitter), and WhatsApp, and websites found to be disseminating content relating to sexual content, terrorism, cultism, and others.
“Following the parties’ agreement, the court adopts the same as a consent order of the court and allows the suspension of sections 6 and 27 of the Computer Misuse and Cybercrime Act pending the hearing and determination of this case,” Justice Mugambi ruled.
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Appearing before Justice Mugambi, lawyer Patrick Lutta, representing the Communication Authority of Kenya (CAK), and lawyer Paul Nyamodi, representing the Attorney General (AG), informed the court that the initial orders issued in October 2025 were so open that they blocked the implementation of lawful sections of the cybercrime law.
“After consultations with all the parties, we have agreed to amend the earlier orders and have only two sections of the Cybercrime Act suspended until the case is heard and determined,” lawyer Nyamodi told the court.
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Further, the parties agreed that Section 6(1)(j)(a) of the Cybercrimes Act would remain suspended until the matter is heard and determined.
“We have agreed, your honour, that the conservatory order be extended, and my lord, that conservatory order then apply an amendment to section 6(1)(j)(a) of the current Act,” lawyer Nyamodi told the court.
Notably, lawyer Lutta argued that the blocking of the implementation of the entire Computer Misuse and Cybercrimes (Amendment) Act, 2024, was reached through misrepresentation.
“The conservatory orders were obtained through suppression and non-disclosure of material facts, as there exists a similar case pending before the Court of Appeal filed by the Kenya Bloggers Association,” lawyer Lutta submitted to court.
The court also allowed consolidation of the six petitions filed by musician Reuben Kigame, Embakasi East Member of Parliament (MP) Babu Owino, and others challenging the legality and constitutionality of the Cybercrimes (Amendment) Act, 2024.
The matter will be mentioned on November 14, 2025, at 2 pm virtually for further directions.
