Kenya’s government just lost the power to shut down social media platforms, at least for now. High Court judge Lawrence Mugambi suspended two major sections of the Computer Misuse and Cybercrimes Amendment Act 2024 on Thursday, following pressure from multiple petitions arguing the law threatens free speech.
The suspended sections are very important. Section 6 would have allowed authorities to block any website or app they deemed problematic, targeting platforms accused of promoting illegal activities, sharing obscene content involving children, or facilitating intimidation.
Section 27 goes even further, making it a crime to post messages that could potentially cause someone to harm themselves or take their own life.
The case started when gospel artist Reuben Kigame and Kirinyaga Woman Representative Jane Njeri filed petitions challenging the amendments shortly after President William Ruto signed them into law on October 15. They argued the new provisions posed serious risks to digital rights and freedom of expression.
Initially, the court froze the entire Act back in October, which sparked complaints from government lawyers. The Attorney General and the Communications Authority of Kenya pushed back hard, saying the blanket suspension was too extreme and prevented them from enforcing legitimate parts of the law.
Paul Nyamodi, representing the AG, and Patrick Lutta, the CA’s lawyer, argued that the original orders were obtained without full disclosure and were hampering their ability to maintain online safety and pursue actual cybercriminals.
After negotiations between all parties, they reached a compromise. Instead of blocking the entire Act, the court agreed to suspend only the two most contentious sections while allowing the rest of the law to remain operational.
This middle ground satisfies neither side completely but keeps social media accessible while the legal battle plays out.
Six petitions are now pending before the court, and social media platforms will stay protected until judges can properly examine whether these provisions violate constitutional rights.
READ: Social Media Censorship on the Horizon As Kenya Proposes Tougher Regulations
The case touches on the tension between government control and digital freedom, a debate playing out across Africa as countries deal with regulating online spaces without stifling expression.
Its outcome will set an important precedent for how Kenya balances cybersecurity concerns with protecting the digital rights of its increasingly online population.
