High Court Halts Enforcement of Key Clauses in Cybercrimes Act 2024
A Nairobi High Court on Thursday temporarily halted the implementation of two clauses in the Computer Misuse and Cybercrimes (Amendment) Act, 2024, pending the outcome of six petitions challenging the law.
Justice Lawrence Mugambi suspended Section 27(1)(b), which criminalises online messages or emails likely to cause a recipient to commit suicide, and Section 6, which allows authorities to shut down social media platforms and websites disseminating prohibited content.
“The court adopts the parties’ consent and suspends Sections 6 and 27 pending determination of this case,” Justice Mugambi said.
Lawyers representing the Attorney General and the Communications Authority of Kenya (CAK) told the court that previous orders issued in October were overly broad and affected lawful provisions of the Act.
“After consultations, we agreed to narrow the suspension to two sections until the case is concluded,” said lawyer Paul Nyamodi, appearing for the Attorney General.
CAK’s lawyer, Patrick Lutta, argued that the earlier conservatory orders were obtained through misrepresentation and non-disclosure of facts, noting a similar case is pending before the Court of Appeal.
The court also consolidated six petitions filed by musician Reuben Kigame, Embakasi East MP Babu Owino, and others challenging the law’s constitutionality.
The case will be mentioned virtually on November 14 for further directions.
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High Court Halts Enforcement of Key Clauses in Cybercrimes Act 2024