The High Court in Kerugoya has suspended the implementation
and enforcement of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 for
seven days pending the hearing of a petition challenging its legality.
Justice Edward M. Muriithi issued the conservatory orders on
Monday, October 27, 2025, after reading the application filed by Jane
Njeri Maina against the State Law Office, the National Assembly of Kenya, and
another respondent.
The petition challenges the enactment of the new cybercrime
law, arguing that it was passed without the involvement of the Senate, contrary
to constitutional requirements.
In her application, Maina seeks a declaration that the
enactment of the law was unconstitutional, null, and void because it allegedly
touches on matters concerning county governments as provided under Part 2 of
the Fourth Schedule of the Constitution.
She contends that by bypassing the Senate, Parliament
violated Articles 96 and 110(1)(a) of the Constitution.
Justice Muriithi ruled that the matter raises serious
constitutional questions and certified the application as urgent.
“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 is certified urgent,” he stated in the order.
The court further directed that the petition be served upon
the respondents for directions on Monday, November 3, 2025.
Pending that hearing, Justice Muriithi suspended the coming
into force, implementation, operation, and enforcement of Section 6(1)(a) of
the contested amendment Act for a period of seven days.
The ruling comes just days after Justice Chacha Mwita of the
High Court in Nairobi also issued similar orders suspending the implementation
of the same law, pending a separate constitutional challenge.
Justice Muriithi’s order means that no part of the new law
will take effect until the court hears and determines whether Parliament’s
process complied with the Constitution.
The order was issued under the seal of the High Court and
signed by Justice Edward M. Muriithi, who also cautioned that any disobedience
or non-observance of the court’s directive would attract penal consequences.
The case, filed under HCCHR PET/E016/2025, will now proceed
for inter partes hearing next week at the Kerugoya High Court.
The Computer Misuse and Cybercrimes (Amendment) Act, 2025
seeks to update Kenya’s cybercrime laws, but critics argue that it was rushed
through Parliament without following due process or addressing constitutional
safeguards.
