Another blow as Kerugoya court halts implementation of Cybercrimes Act
National
By
Sharon Wanga
| Oct 27, 2025
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.
READ MORE
New taxes add to trade barriers within EAC, Comesa blocs
M-Pesa Foundation in Sh30b programme to boost skilling of teachers in ICT
Kenya among countries exposed to increased cyber-attacks
This woman Kibue: Kenya's first female professor of architecture
From Konyagi to onions: How Tanzania unrest puts Sh4.3b Kenya imports at risk
Why Kenya must embrace progressive taxation
Irony of State's borrowing binge amid increased private sector financing
Kenya faces new dirty cash scrutiny as peers exit list
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.