AfriPulse
The controversial Computer Misuse and Cybercrimes (Amendment) Bill 2024 passed by President William Ruto on October 15, 2025 has been challenged in court.
The petition filed by the Kenya Human Rights Commission and veteran singer-cum presidential hopeful Reuben Kigame claims that the law violates fundamental rights enshrined in the Constitution. The petitioners contend that the law, sponsored by Wajir East Member of Parliament (MP) Aden Mohamed, introduces vague and overbroad provisions that criminalise online expression and weaken Kenya’s Data Protection Act of 2019.
As a result, 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 disputed sections are a clause criminalizing “false, misleading, or mischievous” information which the petitioners claim is vulnerable to misuse and could silence government critics on social media.
Another contentious provision is the mandatory authentication of social media accounts, where individuals will be forced to link their social media handles to government-sanctioned official names, a move the petitioners claim infringes on digital privacy and anonymity.
The Kenya Human Rights Commission and Reuben Kigame also accuse Parliament of procedural irregularity, arguing that the Bill should have been treated as one concerning counties under Article 110 of the Constitution.
Additionally, the petitioners claim the National Assembly failed to refer the Bill to the Senate, making its passage unconstitutional. They are also challenging 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 further states that the law is indefinite in terms of legal standards, thus allowing room for arbitrary application.
The Kenya Human Rights Commission and Reuben Kigame now seek a permanent injunction preventing the enforcement of the contested provisions, until the court reaches a determination.
Source: NairobiWire.com | Read the Full Story…
