Court Blocks Government from Shutting Down Social Media as Cybercrimes Act Faces Legal Firestorm

Court Blocks Government from Shutting Down Social Media as Cybercrimes Act Faces Legal Firestorm

In a landmark ruling that has sparked national debate, the High Court has barred the Kenyan government from enforcing two controversial sections of the Computer Misuse and Cybercrimes (Amendment) Act 2024. The decision comes amid growing fears over digital censorship and threats to freedom of expression.

“Social Media Must Stay Open” — Judge Mugambi Issues Bold Suspension

On Thursday, Justice Lawrence Mugambi suspended Sections 27(1)(b) and 6 of the Act. These clauses would have allowed the government to shut down social media platforms and block websites accused of promoting unlawful content.

“Following the parties’ agreement, the court adopts the same as a consent order and allows the suspension of Sections 6 and 27… pending hearing and determination of this case,” Mugambi ruled.

He emphasized that social media will remain protected until all six petitions challenging the law are fully heard.

“We’re Not Against Safety, But Rights Matter” — Petitioners Push Back

The petitions were filed by gospel artist Reuben Kigame and Kirinyaga Woman Representative Jane Njeri. They argued that the amendments, signed into law by President William Ruto on October 15, 2025, posed a serious threat to digital rights.

“These laws are dangerous. They silence voices and criminalize expression,” Kigame said outside the courtroom.

Njeri echoed his concerns, warning that the law could be used to target dissenting voices.

“We Need Balance” — AG, CA Push for Narrower Suspension

However, the Attorney General and the Communications Authority of Kenya (CA) opposed the initial blanket suspension issued on October 22. They claimed it was too broad and blocked enforcement of unrelated, uncontested sections of the law.

“After consultations with all parties, we have agreed to amend the earlier orders and suspend only two sections… until the case is heard and determined,” said Paul Nyamodi, lawyer for the AG.

CA’s lawyer, Patrick Lutta, argued that the earlier suspension was obtained through non-disclosure and could hinder online safety enforcement.

“Freedom vs. Control” — Public Reacts to Court’s Decision

The ruling has triggered emotional reactions across the country. Many Kenyans praised the court for defending digital freedoms, while others expressed concern about online safety.

“We need to protect children online, but not at the cost of silencing everyone,” said a Nairobi-based digital rights activist.

Others warned that unchecked government power could lead to abuse and suppression of free speech.

“The Fight Is Not Over” — Final Ruling Still Pending

Justice Mugambi’s ruling is temporary. The court will make a final decision after fully hearing the six petitions. Until then, the government cannot shut down social media or block websites under the suspended sections.

“This is a win, but we must stay vigilant,” Kigame said. “Our rights are not negotiable.”

As the legal battle continues, Kenyans are watching closely, knowing that the outcome could redefine the future of online freedom in the country.

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Court Blocks Government from Shutting Down Social Media as Cybercrimes Act Faces Legal Firestorm