The High Court on Thursday issued fresh orders barring the government from shutting down social media platforms including WhatsApp, Facebook, and X (formerly Twitter).
Justice Lawrence Mugambi issued the orders following an agreement between Attorney General Dorcas Oduor, Members of Parliament, and the Communications Authority of Kenya (CAK) and the petitioners to amend earlier court orders that had frozen the entire Computer Misuse and Cybercrimes (Amendment) Act, 2024.
The Attorney General and CAK, through lawyers Paul Nyamodi and Patrick Lutta, told the court that the initial orders issued last month were “too wide” and had made it difficult for the government to implement lawful sections of the cybercrime law.
“After consultations with all the parties, we have agreed to amend the earlier orders and have only two sections of the cybercrime Act suspended until the case is determined. instead of the entire act ,” Nyamodi told the judge.
The parties agreed that Section 6(1)(j)(a) of the Cybercrimes Act would remain suspended until the matter is heard and determined.
The contested provision states that: “Where it is proved that a website or application promotes unlawful activities, inappropriate sexual content of a minor, terrorism or religious extremism and cultism, [the state may] issue a directive to render the website or application inaccessible.”
Justice Mugambi also suspended the implementation of Section 27 of the Act, which criminalizes certain online offences, pending the determination of six consolidated petitions challenging the law.
According to the judge, subsection 1 of Section 27, which criminalizes the author of a message or email that could cause the recipient to commit suicide, will remain frozen until the petitions are concluded.
CAK’s lawyer Patrick Lutta protested the initial freezing of the entire law, arguing it was obtained through misrepresentation.
“The conservatory orders were obtained through suppression and non-disclosure of material facts, as there exists a similar case pending before the Court of Appeal filed by kenya bloggers association,” said Lutta.
He further contended that the suspension of the entire Cybercrime Law had far-reaching implications for law enforcement and online safety.
The original orders were issued last month following petitions filed by gospel artist Reuben Kigame and Kirinyaga Woman Representative Jane Njeri at Milimani and Kerugoya High Court, who challenged President William Ruto’s amendments to the law, arguing they threaten digital rights and freedom of expression.
Nyamodi, representing the Attorney General, had also asked the court to vacate the orders halting the implementation of the amended law, which took effect after President Ruto assented to it on October 15, 2025, following the death of former Prime Minister Raila Odinga.
At the same time, Justice Mugambi allowed Kirinyaga Senator James Murango, MCA David Mathenge, and the Katiba Institute to join the six petitions as interested parties.
The court also allowed consolidation of the six petitions filed by Kigame, Embakasi East MP Babu Owino, Women Rep Njeri, and others challenging the legality and constitutionality of the amendments to the Computer Misuse and Cybercrimes Law.
The AG, CA, Parliament, CS Information, CS Interior, Inspector General of police who are all sued in the case were ordered to file their responses by Monday next week.
The petitioners were given until Tuesday to file further affidavits and submissions.
The case will be mentioned on Friday next week for further directions.
