A petition has been filed in court challenging the recently amended Computer Misuse and Cybercrimes Act, 2024, signed into law by President William Ruto on October 15, 2025. The petitioners, led by former presidential aspirant and gospel musician Reuben Kigame, along with the Kenya Human Rights Commission (KHRC), argue that the new provisions in the Act contradict the Constitution, particularly undermining the Data Protection Act (DPA).
The petitioners contend that the amendments introduce vague and overbroad clauses, particularly the criminalization of “False, Misleading, and Mischievous” information. They argue that this provision lacks clarity and chills freedom of expression. According to the petitioners, the law is overly broad, leaving room for abuse and violations of individual rights.
A major concern is the mandatory verification of social media accounts, which requires users to link their online identities with government-issued legal names. The petitioners assert that this provision compromises users’ privacy and exposes their data, thus violating the core principles of the Data Protection Act. They further claim that the amendment creates parallel, less stringent procedures for data access, creating uncertainty and weakening protections for Kenyan citizens’ data.
In their petition, the claimants argue that the amended law conflicts with several constitutional articles, including Articles 10, 24, 33, 34, 35, 36, and 47. They also claim that the amendment fails to comply with Article 31, which safeguards individuals’ privacy rights. Additionally, the petitioners argue that the bill was not properly processed, as it was not transmitted to the Senate for input, in violation of Article 110(4) of the Constitution.
The petitioners seek a declaration from the court that the provisions of the amended Act are unconstitutional and should be nullified. They request the court to affirm that the failure to involve the Senate in the legislative process renders the Act void due to procedural impropriety. If the court does not intervene, the petitioners warn that constitutional rights, particularly those related to freedom of expression and privacy, will continue to be violated to the detriment of Kenyan citizens
