The High Court of Kenya at Nairobi County today issued an injunction temporarily suspending the enforcement of key sections of the recently enacted Computer Misuse and Cybercrimes (Amendment) Act, 2025.
The order was granted in a constitutional petition filed by activist Reuben Kigame Lichete and the Kenya Human Rights Commission (KHRC) against the Attorney General and the Speaker of the National Assembly.
Sitting at the Milimani Law Courts, Hon. Justice L. N. Mugambi issued the directive upon reviewing the urgent application and supporting affidavit sworn by Dr. Reuben Kigame Lichete.
Pending the full hearing and determination of the petition (Case Number: HCCRPET/E673/2025), the Court issued a conservatory order with immediate effect. Specifically, it has suspended the enforcement, implementation and operation of Section 57(1)(b), (c) and (2) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025.
Justice Mugambi set out a strict timeline for the progression of the case:
- The application and submissions must be physically served upon all parties within 3 days from the date of the order, and a return of service must be filed.
- The respondents are required to file and serve their responses and submissions to the application within 7 days from the date of service.
- If necessary, the applicants/petitioners may file and serve a rejoinder within 7 days from the date of receiving the responses.
- The case is scheduled for further directions on November 5, 2025.
The lawsuit, filed by activist Reuben Kigame and the Kenya Human Rights Commission (KHRC), argues that the new law severely infringes upon fundamental rights, including privacy and freedom of expression, and was passed through a flawed legislative process.
The petitioners have sued the Attorney General and the Speaker of the National Assembly. There is also crucial input from interested parties including the Law Society of Kenya (LSK), the Kenya Union of Journalists (KUJ), and the Data Protection Commissioner.
Case Details
- Case Number: HCCRPET/E673/2025
- Citation: Reuben Kigame Lichete & Kenya Human Rights Commission vs. Kenya Union of Journalists & 4 Others
- Court: High Court Constitutional Human Rights Division, Milimani High Court
- Date of Order: October 22, 2025
Download the Computer Misuse and Cybercrimes (Amendment) Act, 2024 HERE and the petition HERE.