The High Court has issued an interim order blocking the government from implementing the recently passed Cybersecurity and Data Protections (Amendments) Act, citing concerns over it’s potential infringement on constitutional freedoms.
The law, which President William Ruto had passed days ago, had sparked intense public debate with critics warning that it could be used to stifle free speech and online expression.
In a landmark decision delivered on October 22, 2025 by Justice Lawrence N. Mugambi of the Milimani Law Courts granted a temporary injunction against enforcement of Sections 27(1)(b), 27(1)(c) and (27(2) of the amended law.
According to the order, these provisions, which significantly expand the definition of cyber-harassment and raise the penalties to fines of up to KSh 20 million or imprisonment of up to 10 years shall be suspended until the petition is fully heard and determined.
The court directed that all respondents, including the Attorney General and other relevant parties, be served within three days and required responses within seven days of service. The case is scheduled for further directions on 5 November 2025
The urgent application was filed jointly by Ruben Kigame, a gospel artist and digital-rights activist and the Kenya Human Rights Commission (KHRC).
They contend that the contested sections are vague, overly broad and susceptible to abuse. In particular, they argue the amendments could criminalize legitimate online speech, whistle-blowing, satire or criticism of public officials.
