Court Halts Controversial Cybercrime Law, Citing Threat to Freedoms

Court Halts Controversial Cybercrime Law, Citing Threat to Freedoms

In a bold move that has sparked national debate, the High Court on Wednesday, October 22, suspended key sections of the newly signed Computer Misuse and Cybercrimes (Amendment) Act, 2024. Justice Lawrence Mugambi issued the conservatory orders, halting the enforcement of Sections 27(1)(b), (c), and (2) of the law.

“A Threat to Digital Freedom”

The ruling followed a petition filed by renowned activist Reuben Kigame and the Kenya Human Rights Commission (KHRC). They argued that the amended law posed a serious threat to freedom of expression and digital rights.

“Pending the hearing and determination of this application, a conservatory order is hereby issued suspending the enforcement, implementation and operation of Section 27(1)(b), (c), and (2) of the Computer Misuse and Cybercrimes (Amendment) Act, 2024,” Justice Mugambi ruled.

The petitioners claimed the law gave government agencies unchecked powers to monitor and restrict online activity without court approval.

“Unconstitutional and Dangerous”

Kigame and KHRC insisted that the law violated several constitutional rights. These include Articles 31, 33, 34, 35, and 36, which protect privacy, free speech, media freedom, and association.

“These amendments are unconstitutional. They open the door to surveillance and censorship,” KHRC stated in court.

The petition was certified as urgent, with the court directing that all submissions be served within three days. Responses must be filed within seven days.

“Public Participation Was Not Enough”

Although the bill underwent public participation and review by the Departmental Committee on Communication, Information, and Innovation, critics argue that the process was rushed and lacked transparency.

“This law was bulldozed through Parliament. It ignored the voices of civil society and digital rights defenders,” said a KHRC representative.

The court will issue further directions on November 5, when the matter is expected to proceed to a full hearing.

“A Win for Free Speech”

Digital rights advocates have welcomed the ruling as a temporary victory. Many fear the law could be used to silence dissent and criminalize online expression.

“This is a win for every Kenyan who values their digital freedom,” said Reuben Kigame.

As the legal battle unfolds, all eyes are now on the judiciary to determine whether the law will stand or fall.

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Court Halts Controversial Cybercrime Law, Citing Threat to Freedoms