The High Court has suspended the implementation of two sections of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, which petitioners argue is vague and prone to abuse, coming days after President William Ruto assented to the Bill.
It suspended the operation of Section 27(1)(b), (c) and (2) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 pending hearing and determination of a case filed by gospel singer Rueben Kigame and the Kenya Human Rights Commission.
Kigame cited the amendment to Section 27, which criminalises the publication of "false, misleading or fictitious data", saying it is unconstitutionally vague.
The singer and teacher said the section fails to provide clear, objective criteria for what constitutes such data, leaving it open to arbitrary and abusive enforcement that will severely chill freedom of expression.
“The Amendment creates a parallel and conflicting framework that undermines the Data Protection Act, 2019, thereby creating legal chaos and uncertainty,” he said.
He also said the Act imposes a mandatory requirement for social media users to verify their accounts using legal names, which constitutes a severe and unjustifiable infringement on the right to privacy (Article 31) and anonymous speech, a facet of freedom of expression (Article 33).
Kigame also reckons that the amendments create parallel procedures for data access and handling that conflict with and undermine the comprehensive framework established by the Data Protection Act, 2019, thus creating legal uncertainty and weakening data protection standards.
“The cumulative effect of these vague, ambiguous, and overbroad provisions is an assault on constitutionalism and the rule of law, creating a high risk of abuse by state and non-state actors to curtail digital freedoms,” he said.
The petitioners further argued that the Bill was passed by the National Assembly and assented to by the President without being referred to the Senate for deliberation and approval as required under Article 110 of the Constitution.
