Petition Filed to Challenge Computer Misuse and Cybercrimes (Amendment) Act, 2024

A heated legal showdown is brewing in Nairobi after human rights defenders moved to court to challenge the controversial Computer Misuse and Cybercrimes (Amendment) Act, 2024, claiming it threatens digital freedoms and undermines constitutional rights. The petition, now before the Milimani Law Courts, could shape the future of online expression and privacy in Kenya.

The case has been filed by the Kenya Human Rights Commission (KHRC) and Reuben Kigame, who argue that the law, signed by President William Ruto on October 15, 2025, contravenes fundamental freedoms guaranteed by the Constitution of Kenya, 2010. They claim it violates citizens’ rights to privacy, freedom of expression, access to information, and fair administrative action, as outlined in Articles 10, 24, 31, 33, 34, 35, 36 and 47.

Central to the petition are claims that the amendments introduce vague and overreaching provisions that could criminalise legitimate online activity. The petitioners warn that the law could be misused to silence dissenting voices and curb free speech under the guise of regulating digital spaces.

A particularly contentious clause is the one that outlaws “false, misleading, or mischievous” information. The petitioners argue that this phrase is subjective and unclear, giving authorities unchecked power to target critics, journalists, and social media users.

The law also mandates verification of all social media accounts, requiring users to link their profiles to official identification. Critics say this infringes on digital privacy and anonymity, discouraging open discourse and exposing users to potential surveillance.

The petition further accuses Parliament of procedural violations, asserting that the Bill should have been considered as one affecting county governments under Article 110 of the Constitution. The failure to involve the Senate, they say, makes the law’s passage unconstitutional.

The petitioners also contest changes to Section 27 of the principal Act, which criminalises communication that allegedly causes another person to commit suicide, describing the clause as ambiguous and speculative.

KHRC and Kigame are now seeking a permanent court order to stop implementation of the law and to have it declared null and void. The court is expected to set a hearing date soon, as Kenya awaits a pivotal judgment on digital rights, privacy and free expression.