Kenya Court Stops Government from Enforcing Social Media Shutdown Under Cybercrimes Law

A Kenyan High Court has temporarily stopped the enforcement of two provisions in the Computer Misuse and Cybercrimes (Amendment) Act 2024, pending a full hearing on their constitutionality.

In a ruling delivered on Thursday, Justice Lawrence Mugambi suspended Sections 6 and 27(1)(b) of the amended law, which would have allowed the government to shut down social media platforms and block access to websites or applications considered to promote unlawful or harmful content. The order will remain in effect until six consolidated petitions challenging the law are determined.

The court’s decision follows an agreement between the parties involved, including the Attorney General, the Communications Authority of Kenya (CA), Members of Parliament, and the petitioners, to narrow an earlier order that had halted the entire amendment Act. That broader suspension, issued on 22 October, was criticised by state representatives for impeding the enforcement of provisions unrelated to the disputed clauses.

Counsel for the Attorney General, Paul Nyamodi, confirmed that the parties had agreed to limit the suspension to the two contested sections. “After consultations with all parties, we have agreed to amend the earlier orders and suspend only two sections of the Cybercrimes Act until the case is heard and determined,” he said.

The Communications Authority, represented by lawyer Patrick Lutta, had also opposed the initial blanket suspension, arguing that it was granted without full disclosure and could hinder efforts to protect online safety and combat genuine cybercrime. The petitions were filed by gospel musician and digital rights advocate Reuben Kigame and Kirinyaga Woman Representative Jane Njeri. 

They argue that the amendments threaten fundamental freedoms, particularly the rights to free expression and access to information. Section 27(1)(b), which criminalises messages that could cause a recipient to self-harm, has been criticised by the petitioners as overly broad and prone to misuse. Justice Mugambi stated that the suspension was intended to preserve the status quo while the court reviews the issues raised. 

“Social media will remain protected until the petitions are fully heard and determined,” he said.