Kenya: Lawsuit concerning constitutionality of Sections 6 and 27 of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 (Law Society of Kenya and 8 others v Attorney General and 17 others)

Progress

Current status
in force
02 Jul 2026 in force
06 Nov 2025 under investigation
22 Oct 2025 under investigation
21 Oct 2025 under deliberation

Scope

Implementers
Kenya
Policy Area
Content moderation
Policy Instrument
Content moderation authority governance
Regulated Economic Activity
cross-cutting
Government Branch
judiciary
Government Body
court
Implementation Level
national

Timeline of events

02 Jul 2026
in force

High Court ruled Section 6(1)(ja) and Section 27(1)(b) of Computer Misuse and Cybercrimes (Amendment) Act are unconstitutional

On 2 July 2026, the High Court at Nairobi delivered judgment in Law Society of Kenya & 8 others v Attorney General & 17 others (Constitutional Petition E671, E673, E677, E698, E705 & E716 of 2025 (Consolidated)). The court declared Section 6(1)(ja) …

Event type public lawsuit
Action type ruling
Government branch judiciary
Government body court
06 Nov 2025
under investigation

High Court consolidates challenges to the constitutionality of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 and suspends enforcement of Section 6(1)(ja) and Section 27(1)(b)

On 6 November 2025, the High Court at Nairobi directed the consolidation of Constitutional Petitions E671, E673, E677, E698, E705 and E716 of 2025, with Petition E671 as the lead file, and admitted the Kenya National Commission on Human Rights, Kati…

Event type public lawsuit
Action type interim ruling
Government branch judiciary
Government body court
22 Oct 2025
under investigation

High Court suspends enforcement of Section 27(1)(b), (c) and (2) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 pending determination of their constitutionality

On 22 October 2025, Justice Lawrence N. Mugambi, sitting on behalf of Justice B. Mwamuye at the High Court of Kenya at Nairobi County, Milimani Law Courts, read the Notice of Motion application dated 21 October 2025, the certificate of urgency of th…

Event type public lawsuit
Action type interim ruling
Government branch judiciary
Government body court
21 Oct 2025
under deliberation

Law Society of Kenya files petition concerning the constitutionality of Sections 6 and 27 of the Computer Misuse and Cybercrimes (Amendment) Act, 2025

On 21 October 2025, the Law Society of Kenya filed Constitutional Petition E671 of 2025 at the High Court of Kenya at Nairobi County, Milimani Law Courts, against the Attorney-General and the Communications Authority of Kenya and 2 others. The petit…

Event type public lawsuit
Action type announcement
Government branch judiciary
Government body court