Kerugoya Court Suspends Cybercrime Law Enforcement Amid Rising Public Outcry

Kerugoya Court Suspends Cybercrime Law Enforcement Amid Rising Public Outcry

In a dramatic legal twist, the Kerugoya High Court has temporarily halted the enforcement of the controversial Computer Misuse and Cybercrimes (Amendment) Act, 2025. The ruling, issued on Monday, October 27, has sparked national debate and renewed hope for digital freedom.

“Certified Urgent” — Judge Muriithi Responds Swiftly

Justice Edward Muriithi ruled in favor of Kirinyaga Woman Representative Jane Njeri Maina’s petition. He suspended Section 6(1)(a) of the law for seven days.

“It is hereby ordered that the application seeking conservatory orders pending hearing of a petition for a declaration that the enactment of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 without the involvement of the Senate… was unconstitutional, null and void,” the judge stated.

“The application is certified urgent in view of the reliefs sought.”

This ruling follows mounting pressure from civil society and lawmakers questioning the law’s constitutionality.

“Sweeping Powers Without Oversight” — Njeri Maina Raises Alarm

In her petition, Njeri Maina argued that the law was passed without Senate involvement, violating Articles 96 and 110(1)(a) of the Constitution.

“Sweeping censorship powers without judicial oversight, without procedural safeguards, and without due process,” she warned.

“It is vague and overbroad in its wording, using terms such as ‘unlawful activities’ and ‘extreme cultic practices’ which are undefined.”

She emphasized that such ambiguity opens the door to arbitrary enforcement and threatens civil liberties.

“Another Blow to the Law” — Previous Court Ruling Echoed

This latest suspension comes just days after Justice Lawrence Mugambi issued similar conservatory orders. He barred the implementation of Section 27(1)(b), (c), and (2), citing concerns over freedom of expression.

“Pending the inter partes hearing, a conservatory order is issued suspending enforcement of Section 6(1)(a),” Justice Muriithi reiterated.

The court directed that the petition be served to the State Law Office, National Assembly, and other respondents before the next mention on November 3.

“Digital Freedom at Risk” — KHRC and Kigame Join the Fight

Musician Reuben Kigame and the Kenya Human Rights Commission (KHRC) also filed a petition challenging the law. They argue that the amendments will severely curtail digital rights.

“This law expands computer misuse to include vague offenses. It threatens online expression,” KHRC stated.

The full hearing is scheduled for November 5, where the court will determine the law’s fate.

“Public Resistance Grows” — Kenyans Demand Transparency

President William Ruto signed the Act into law on October 15, despite widespread resistance. Many Kenyans believe the law was rushed and lacks public consultation.

“We need laws that protect, not silence,” a protester said.

“This ruling gives us hope. We must defend our freedoms,” another added.

As the legal battle intensifies, eyes remain fixed on the upcoming hearings that could reshape Kenya’s digital landscape.

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Kerugoya Court Suspends Cybercrime Law Enforcement Amid Rising Public Outcry