Cyber Harassment Provisions in Ruto-Signed Law Put on Hold by Court

The High Court has suspended the enforcement, implementation, and operation of Section 27 of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, which criminalises cyber harassment.

In a ruling delivered on Wednesday, October 22, 2025, Justice Lawrence Mugambi of the Milimani Law Courts issued conservatory orders halting the implementation of the contested section. The suspension will remain in effect pending the determination of a petition filed by the Kenya Human Rights Commission (KHRC) and former Presidential Aspirant Reuben Kigame.

According to the ruling, “Pending the hearing and determination of this application, a conservatory order is hereby issued suspending the enforcement, implementation and operation of Section 27(1)(b), (c) and (2) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025.”

The petitioners argue that the newly signed law, which was assented to by President William Ruto on October 15, 2025, contains vague and overbroad provisions that threaten freedom of expression and undermine the Data Protection Act of 2019. Clause 27, one of the most contested parts of the amendment, broadens the definition of cyber harassment and introduces a fine not exceeding Ksh.20 million or imprisonment of up to 10 years for offenders.

The Act was among eight bills signed into law by President Ruto shortly before he announced the death of former Prime Minister Raila Odinga, an event that drew public scrutiny over the timing and content of the new laws.

Beyond the cyber harassment clause, the Act also expands the definition of phishing under Section 30, penalising identity theft committed through emails or phone calls. Offenders risk a fine of up to Ksh.300,000, imprisonment for up to three years, or both, if found guilty of using computer systems or websites to defraud others into disclosing personal information.

Additionally, the Act addresses unauthorised SIM-swap offences, stipulating that anyone who unlawfully alters or takes ownership of another person’s SIM card with intent to commit an offence faces a fine of up to Ksh.200,000 or imprisonment for up to two years, or both. The case will proceed to a full hearing to determine the constitutionality of the contested provisions.