The High Court in Kirinyaga has issued temporary orders suspending the enforcement of the newly enacted Computer Misuse and Cybercrimes (Amendment) Act, 2025, following a petition filed by Jane Njeri Maina.

In a ruling delivered on October 27, Justice Edward M. Muriithi of the Kerugoya Law Court granted a seven-day conservatory order blocking the implementation and enforcement of Section 61(1)(a) of the amendment.

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The court said the suspension would remain in place pending an inter partes hearing scheduled for November 3, 2025.

The petition challenges the constitutionality of the amendment, arguing that it was passed without the Senate’s involvement despite touching on matters concerning county governments. Maina’s case contends that this omission violates Articles 96 and 110(1)(a) of the Constitution, which require Senate participation in legislation affecting counties.

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Justice Muriithi certified the case as urgent, noting that the issues raised were of national importance and warranted immediate attention.

“The enactment of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 without the involvement of the Senate, despite touching on matters concerning county governments, was unconstitutional, null and void,” the ruling states in part.

The court directed that the petition be served on the respondents the State Law Office and the National Assembly, ahead of the next hearing date.

The Computer Misuse and Cybercrimes (Amendment) Act, 2025, introduced changes to Kenya’s digital governance laws, including new provisions on online content regulation and penalties for cyber offenses.

Failure to comply with the court’s order, the ruling warned, could result in penal consequences for any person or authority disobeying it.

Legal experts have also pointed out that the case could set a significant precedent on how far Parliament can go in legislating laws that touch on county governments without Senate participation.

The outcome may influence how future amendments involving national and county government functions are processed to ensure compliance with the Constitution.

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Conservatory Order issued by Justice Edward Muriithi
Image/Njeri Maina/X