Event Summary
On 4 November 2025, the High Court in Kerugoya through Judge Edward Muriithi granted an extension of the temporary injunction prohibiting the enforcement of certain sections of the Computer Misuse and Cybercrime (Amendment) Act of 2025. The court suspended 6(1)(ja) giving the right to shut down any social media platform at will while also placing a temporary order on Sections 6(i) and 6(j)(a) which criminalised the dissemination of false or misleading information along with Section 27 which governs cyber harassment. All of these sections have been challenged on their arguments as being unconstitutional because they are so vague as to violate Article 31 (Right to Privacy) and Article 33 (Freedom of Expression) of the Constitution of 2010, as well as conflicting with the provisions of the Data Protection Act 2019.
The court found that the aforementioned section, posed a threat to digital rights and as such should be suspended until the court has issued a ruling on all constitutional challenges regarding the Amendment Act.
This extension follows the temporary injunction that was initially granted on 22 October 2025, by Justice Lawrence Mugambi in Milimani Law Courts. This injunction was issued by Justice Mugambi after a group of petitioners including the Kenya Human Rights Commission (KHRC) and Reuben Kigame who had challenged the Act in court.
President William Ruto signed the Amendment Act into law on 15 October 2025. Both court orders issued from Kerugoya and the Milimani Law Courts are currently in effect.
Over the past months, the judiciary has received quite a number of challenges before it challenging laws perceived to be a hindrance to the establishment of civic space within the country, with respect to acts being proposed for amendments such as the Public Order Act, and the recently enacted Cybercrime Act. As a result of the current climate, the judiciary has become an increasingly important guardian of rights against the misuse of broad or vague statutory language that could pose a threat to participation in democratic processes and activism.