Kenya’s High Court has temporarily suspended two sections of the Computer Misuse and Cybercrimes Amendment Act 2024, curbing the government’s power to block social media platforms and restrict online speech.
The ruling follows President William Ruto’s signing of the Act into law on October 15, 2025. Rights advocates and petitioners had raised alarms that the amendments granted excessive control over digital expression.
Activists challenge limits on free speech
Among those challenging the law were gospel artist Reuben Kigame and Kirinyaga Woman Representative Jane Njeri. They argued that the controversial provisions threatened constitutional freedoms of speech and privacy, potentially enabling arbitrary censorship.
One of the suspended clauses would have empowered authorities to block websites or mobile apps deemed ‘problematic’ — a vague term critics said could be used to silence dissenting voices. The second targeted online messages that might ‘cause another person to harm themselves,’ a provision petitioners claimed was overly broad and open to abuse.
Only disputed sections frozen
Initially, the court froze the entire Cybercrimes Act. However, after a government appeal, the suspension was narrowed to the two contested sections. The remainder of the legislation, including measures against online fraud, data theft, and cyberbullying, remains in effect.
Justice noted that the suspended clauses raised serious constitutional questions requiring further review before enforcement could proceed.
Legal battle far from over
The temporary suspension ensures continued public access to social media platforms such as X, Facebook, and TikTok while the court examines the six pending petitions in detail.
Digital rights advocates have hailed the decision as a victory for free expression in Kenya’s evolving online space. However, government lawyers maintain that the law’s intent is to protect citizens from cyber threats and harmful digital content.
The High Court is expected to issue a final ruling after hearing all submissions later this year. Until then, the disputed powers to shut down or restrict online platforms remain frozen.
