The High Court has temporarily stopped the government from enforcing sections of the Computer Misuse and Cybercrimes (Amendment) Act 2024 that would have given it powers to shut down social media platforms and block websites.
In a ruling delivered on Thursday, Justice Lawrence Mugambi suspended the implementation of Sections 27(1)(b) and 6(1)(j)(a) of the Act pending the full hearing and determination of six petitions challenging the amendments.
The court found that the provisions posed a potential threat to freedom of expression and digital rights guaranteed under the Constitution.
“Following the parties’ agreement, the court adopts the same as a consent order and allows the suspension of Sections 6 and 27 of the Computer Misuse and Cybercrimes Act pending hearing and determination of this case,” ruled Justice Mugambi.
The suspended provisions would have allowed the state to block social media platforms or websites accused of spreading “unlawful” or “inappropriate” content, and criminalized publishing messages deemed capable of causing a recipient to take their own life.
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Justice Mugambi noted that the temporary suspension ensures that social media remains operational as the petitions—filed by Gospel musician Reuben Kigame, Kirinyaga Woman Representative Jane Njeri, and other activists—are heard.
The petitioners argue that the amendments, signed into law by President William Ruto on October 15, 2025, are vague and open to abuse by the state.
The Attorney General (AG) and the Communications Authority of Kenya (CA), however, urged the court to limit the scope of the earlier orders issued on October 22, which had frozen the enforcement of the entire Amendment Act.
They contended that the blanket suspension hindered the government’s ability to enforce essential cybercrime and online safety regulations.
Representing the AG, Lawyer Paul Nyamodi told the court,
“After consultations with all parties, we have agreed to amend the earlier orders and suspend only two sections of the Cybercrimes Act until the case is heard and determined.”
CA’s counsel, Patrick Lutta, similarly opposed the initial suspension, terming it an overreach obtained through “non-disclosure of material facts,” arguing that it undermined law enforcement and online protection efforts.
The Computer Misuse and Cybercrimes (Amendment) Act 2024 has been one of the most contentious pieces of legislation in recent months, with civil society organizations warning that it could grant sweeping powers to the government to silence dissent and restrict internet freedoms.
With the latest court ruling, Kenyans can continue using platforms such as X (formerly Twitter), Facebook, TikTok, and YouTube without the fear of a government shutdown—at least until the case is fully determined.
The petitions are expected to return to court later this month for further directions as Justice Mugambi emphasized the need for a balance between safeguarding online freedoms and protecting the public from cyber threats.
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