Categories: News

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.

Branislav Moses Opudo

Recent Posts

Safari and Spa: Luxury Wellness in African Game Reserves

Across Africa’s vast game reserves, a new kind of travel experience is taking shape, one…

1 day ago

Wine, Wellness and Rest in South Africa’s Vineyards

In the heart of South Africa’s Western Cape, rolling vineyards stretch across valleys framed by…

1 day ago

Three Men Deny Charges in Alleged Attack on Senator Osotsi

Three men accused of attacking Godfrey Osotsi have pleaded not guilty to all charges in…

1 day ago

STABEX Chair Files Defamation Suit Over Fuel Procurement Claims

STABEX International Chairperson Jackson Chebett has moved to court, filing a defamation suit against former…

1 day ago

KRA Removes Nil Returns, Introduces Simpler Option for Those Without Income

The Kenya Revenue Authority (KRA) has removed the requirement for filing Nil Returns and introduced…

1 day ago

Geco Hangout Returns With Two-Day Music, Camping and Outdoor Experience at Lukenya Conservancy

Geco Tribe has officially announced the return of Geco Hangout, a two-day destination experience scheduled…

1 day ago