High Court Strikes Blow Against Controversial Cybercrimes Amendments

The Kerugoya High Court has delivered a major development on the contentious Computer Misuse and Cybercrimes (Amendment) Act, 2024, temporarily suspending part of its implementation for seven days.

In his ruling on Monday, Justice Edward Muriithi certified urgent the petition filed by Kirinyaga Woman Representative Jane Njeri Maina and temporarily halted Section 6(1)(a) of the Act pending further directions.

 “It is hereby ordered that the application seeking conservatory orders pending hearing of the petition… is certified urgent in view of the reliefs sought,” the ruling read.

Njeri Maina argued that the amendment was enacted without the participation of the Senate, despite addressing matters affecting county governments. 

She maintained that the lack of Senate involvement rendered the law unconstitutional under Articles 96 and 110(1)(a) of the Constitution.

Justice Muriithi directed that the petition and application be served on the State Law Office, the National Assembly, and other respondents, with a mention scheduled for November 3 to determine the next steps.

The court’s decision follows similar conservatory orders recently issued by Justice Lawrence Mugambi, which temporarily blocked implementation of Sections 27(1)(b), (c), and (2) of the amended Act. 

Njeri Maina’s petition highlights that these sections grant sweeping powers to the National Computer and Cybercrimes Coordination Committee without judicial oversight, raising concerns about freedom of expression and potential censorship.

“…sweeping censorship powers without judicial oversight, without procedural safeguards, and without due process… terms such as ‘unlawful activities’ and ‘extreme cultic practices’ are undefined, conferring unfettered discretion and allowing arbitrary enforcement,” Maina stated.

The amendments, introduced in August 2024, expand the definition of computer misuse to include unauthorized system access or modification, and extend cybercrime to encompass ICT-enabled offenses targeting networks or data. 

The law also prohibits the use of electronic media to promote extremism, religious extremism, and cultic practices.

The High Court has slated the full hearing of the matter, brought by Njeri Maina, Reuben Kigame, and the Kenya Human Rights Commission (KHRC), for November 5, where the legality of the amendments will be fully scrutinized.