The High Court in Nairobi has issued conservatory orders suspending the enforcement and implementation of Section 27 of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, which deals with the offence of cyber harassment.
In a ruling delivered on Wednesday, October 22, Justice Lawrence Mugambi of the Milimani Law Courts said the temporary suspension would remain in place pending the hearing and determination of a petition filed by the Kenya Human Rights Commission (KHRC) and former presidential aspirant Reuben Kigame.
“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, 2025,” ruled Justice Mugambi.
Petitioners Challenge Constitutionality
The petitioners argue that the new law, signed by President William Ruto on October 15, 2025, contains vague and overbroad provisions that criminalize online expression and undermine the Data Protection Act of 2019.
Among the most contested clauses is Section 27, which expands the definition of cyber harassment and introduces harsher penalties, including a fine of up to KSh20 million or imprisonment for up to 10 years for offenders.
The Cybercrimes Amendment Act, 2025, was one of eight laws signed by the President shortly before the announcement of former Prime Minister Raila Odinga’s death, a timing that has drawn public criticism from civil society and digital rights advocates.
Expanded Scope of Offences
In addition to cyber harassment, the law also amends Section 30 to broaden the offence of phishing, covering online identity theft through emails or phone calls.
Those convicted of phishing now face a fine of up to KSh300,000, three years in jail, or both.
Another key amendment targets unauthorized SIM-swap offences, imposing penalties of KSh200,000 or two years in jail for anyone found guilty of unlawfully altering or taking ownership of another person’s SIM card with criminal intent.
Omtatah, Civil Society Raise Red Flags
Busia Senator Okiya Omtatah has sharply criticized the new cybercrime amendments, terming them “hurriedly drafted and dangerously vague.”
“It even introduces the concept of ‘inappropriate sexual content of a minor.’ Is there any appropriate sexual content of a minor? That shows the carelessness in drafting this law,” Omtatah said in a Wednesday radio interview.
He added that Kenyans felt betrayed that such sensitive laws were enacted while the nation was still mourning Raila Odinga, arguing that the process lacked public participation and proper scrutiny.
What Happens Next
The court’s suspension now freezes the enforcement of cyber harassment provisions until the petition is heard and determined.
If the High Court rules in favor of KHRC and Kigame, parts of the Cybercrimes Amendment Act could be declared unconstitutional, potentially prompting a fresh legislative review.
