Petition filed to outlaw Computer Misuse and Cybercrimes Bill approved by President Ruto
A case has been filed at the Milimani Law Courts, challenging the Computer Misuse and Cybercrimes (Amendment) Act, 2024, with petitioners claiming that it violates fundamental rights enshrined in the Constitution.
The petition seeks multiple declarations that the new law is unconstitutional, null, and void, arguing that it infringes on the rights to privacy, freedom of expression, access to information, and fair administrative action as protected under Articles 10, 24, 31, 33, 34, 35, 36, and 47 of the Constitution.
The petitioners contend that the law, which was signed into law by President William Ruto on October 15, 2025, introduces vague and overbroad provisions that criminalise online expression and weaken Kenya’s Data Protection Act of 2019.
Among the contested sections is the clause that criminalises “false, misleading, or mischievous” information, which the petitioners argue is open to abuse and could silence dissenting voices online.
Another contentious provision is the mandatory verification of social media accounts, requiring users to link their profiles to official government-issued names, a move the petitioners say threatens digital privacy and anonymity.
The petition filed by the Kenya Human Rights Commission and Reuben Kigame further accuses Parliament of procedural impropriety, arguing that the Bill should have been treated as one concerning county governments under Article 110 of the Constitution.
The petitioners claim the National Assembly failed to refer the Bill to the Senate, making its passage unconstitutional.
They also challenge amendments to Section 27 of the Principal Act, which criminalises communication that causes another person to commit suicide, describing it as ambiguous and unworkably speculative.
The petition states that the law lacks clear legal standards, creating room for arbitrary enforcement.
The petitioners now seek a permanent order prohibiting the implementation of the contested provisions, pending the court’s determination.
