By Kimberly Kalusi
Gospel singer and activist Reuben Kigame, together with the Kenya Human Rights Commission (KHRC), has moved to court seeking to suspend the implementation of the Computer Misuse and Cybercrimes (Amendment) Act, 2024, recently signed into law by President William Ruto.
In a petition filed at the High Court, the two petitioners argue that the new law — an amendment to the Computer Misuse and Cybercrimes Act, 2018 — is unconstitutional and threatens fundamental freedoms guaranteed under the Constitution.
They are asking the court to issue conservatory orders halting the law’s implementation, pending the hearing and determination of the case.
“The court be pleased to issue a conservatory order suspending the operationalization, implementation, and enforcement of the Computer Misuse and Cybercrimes (Amendment) Act, 2024, in its entirety,” the petition reads.
The petitioners contend that the amendment was rushed through Parliament without proper public participation or the involvement of the Senate, as required under Article 110 of the Constitution. They further accuse lawmakers of pushing the bill through an irregular process before it received presidential assent on October 15.
According to Kigame and KHRC, the new provisions introduce vague and overly broad offences, including the criminalization of publishing “false, misleading, or fictitious data.” They argue that the wording lacks legal clarity and could be abused to silence critics or stifle free expression.
“The amendments are ambiguous and overreaching, creating offences that fail to meet constitutional standards for limiting rights under Article 24,” the petition states.
The petitioners warn that enforcing the law will immediately and irreparably harm fundamental rights, including the freedom of expression, privacy, media freedom, access to information, and freedom of association, protected under Articles 31 to 36 of the Constitution.
Kigame, a long-time advocate for civil liberties, said the new law’s vague language could lead to arbitrary enforcement and chilling effects on public discourse.
“The lack of clarity invites abuse and could criminalize legitimate speech. It undermines the very freedoms Kenyans fought to protect,” he said.
The petition adds to growing concern among digital rights advocates and civil society groups who have criticized the Ruto administration for introducing legislation that could erode online freedoms under the guise of combating misinformation.
The High Court is expected to issue directions on the matter in the coming days.
