Kiambu Senator Karungo Thang’wa has urged the Senate to obtain a court advisory opinion on the constitutionality of the Computer Misuse and Cybercrimes (Amendment) Act 2024, signed by President William Ruto on October 15. This follows a High Court order temporarily suspending parts of the law amid challenges over its legislative process. Petitioners argue the Senate was bypassed, violating constitutional requirements for bills affecting counties.
On October 22, Kiambu Senator Karungo Thang’wa issued a statement accusing President William Ruto of violating the Constitution by assenting to several bills without Senate consideration. He specifically highlighted the Computer Misuse and Cybercrimes (Amendment) Act 2024, signed on October 15, claiming seven out of eight bills approved that day, including this one, were not presented to the Senate as required under Article 110. These bills, which Thang’wa said impact county governments, also include the Privatisation Bill 2025, Virtual Asset Service Providers Bill 2025, Wildlife Conservation and Management (Amendment) Bill 2023, National Police Service Commission (Amendment) 2024, Air Passenger Service Charge (Amendment) Bill 2025, and National Land Commission Acts (Amendment) Bill 2023.
“The Senate, which represents and safeguards the interests of the counties, was unlawfully bypassed. This act not only undermines the principle of bicameralism but also strikes at the core of devolution, a cornerstone of our constitutional order,” Thang’wa stated. He called on Senate Speaker Amason Kingi to seek an advisory opinion from the courts under Articles 110, 111, 112, and 163, and urged the Council of Governors, civil society, Gen Zs, patriots, and constitutional watchdogs to defend the legislative process.
This development coincides with a High Court ruling on the same day by Justice Lawrence Mugambi, who issued conservatory orders suspending enforcement of Section 27(1)(b), (c), and (2) of the amended Act. The orders stem from a petition filed on October 21 by activist Reuben Kigame and the Kenya Human Rights Commission (KHRC), certified as urgent. The petitioners contend the law curtails digital freedom and expression by granting government agencies unchecked powers to monitor and restrict online accounts, violating Articles 31, 33, 34, 35, and 36 on privacy and media rights. They also argue the National Assembly's failure to involve the Senate created a procedural defect, as the Act affects counties.
“Pending the hearing and determination of this application, a conservatory order is hereby issued suspending the enforcement, implementation and operation of Section 27(1)(b), (c), and (2),” the court ruling stated. The Bill was published on August 9, 2024, underwent public participation, and amends the original Act to prohibit electronic promotion of terrorism and expand definitions of computer misuse. The court directed service of documents within three days, responses within seven days, with further directions on November 5.