AG, CA Seek to Lift Suspension Orders on Contested Cybercrime Law Sections

The Attorney General (AG) and the Communications Authority of Kenya (CA) have asked the High Court to lift orders suspending sections of the newly amended Computer Misuse and Cybercrimes Act 2025

The two institutions, represented by lawyers Emmanuel Bitta, Paul Nyamodi, and Patrick Lutts, want Justice Lawrence Mugambi to prioritize their application seeking to vacate the suspension before considering the consolidation of six petitions challenging the law

The case was filed by gospel musician Reuben Kigame and the Kenya Human Rights Commission (KHRC), who argue that the Act infringes on constitutional rights. However, the AG and CA maintain that the suspension orders were issued ex parte without their participation and that the petitioners failed to serve them as directed by the court

“We have no doubt that when the orders were issued, the court took into account that they were made ex parte and directed the petitioners to serve the respondents with the application and submissions,” the AG’s office submitted

The AG further noted that the Court of Appeal is already handling a related case Bloggers Association of Kenya v Attorney General & 4 others which also contests the constitutionality of Section 27 of the same Act. Proceeding with fresh conservatory orders, they argued, would be premature and prejudicial

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The government now wants the High Court to stay or vacate the conservatory orders issued on October 22 and to hear its application as a matter of priority

For now, the suspension of the contested sections remains in effect pending further directions. The matter is set to be mentioned again on November 5 for the next steps

Writer : Mweru Mbugua