Another blow as Kerugoya court halts implementation of Cybercrimes Act

President William Ruto signs Computer Misuse and Cybercrimes Bill into Law.[PCS]

The High Court in Kerugoya has suspended the implementation and enforcement of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, pending the hearing of a petition challenging its legality.

Justice Edward Muriithi issued the conservatory orders on Monday, granting a seven-day suspension as the court prepares to hear the constitutional petition.

In his ruling, Justice Muriithi said the matter raises serious constitutional questions, and therefore certified the application as urgent.

“The application seeking conservatory orders pending hearing of a petition for a declaration that the enactment of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, without the involvement of the Senate, was unconstitutional, null, and void is certified urgent,” the judge stated.

The application was filed by Jane Njeri Maina, who argued that the amendment was passed without the participation of the Senate, in violation of constitutional provisions that require both Houses of Parliament to consider legislation affecting counties.

Pending the full hearing, Justice Muriithi suspended the coming into force, implementation, operation, and enforcement of Section 6(1)(a) of the contested law for a period of seven days.

The court further directed that the petition be served upon the respondents for directions on Monday, November 3, 2025.

The ruling follows a similar order issued days earlier by Justice Chacha Mwita of the High Court in Nairobi, who also suspended implementation of the same law pending a separate constitutional challenge.

The order, issued under the seal of the High Court and signed by Justice Muriithi, warned that disobedience or non-compliance with the directive would attract penal consequences.