Awino wants the court to suspend the amended law, claiming that unclear provisions could criminalise online criticism and give authorities excessive powers to limit digital speech.
Activist challenges cyber harassment provisions
Awino filed the petition in Nairobi, naming the Attorney General, the National Computer and Cybercrimes Coordination Committee (NCCCC), the Inspector-General of Police, and Parliament as respondents.
The petition focuses on amendments to Section 27 of the Act, which expanded the definition of cyber harassment.
The activist argues that the new provisions create uncertainty by allowing online content to become a criminal offence if authorities claim it causes serious emotional distress or mental harm.
According to Awino, the broad wording could affect journalists, whistleblowers, activists, and members of the public who criticise government actions online.
Petition raises concerns over online censorship
Awino has also challenged the powers granted to the NCCCC to order the removal of websites or block social media accounts without obtaining court approval.
He argues that such powers could amount to state censorship and violate constitutional protections on freedom of expression.
The activist is asking the court to stop the NCCCC from issuing blocking or takedown orders without judicial oversight.
Activist cites constitutional violations
The petition relies on Articles 33, 34, 47, and 50 of the Constitution, which protect freedom of expression, media freedom, fair administrative action, and the right to a fair hearing.
Awino argues that the amended Cybercrimes Act creates vague offences that citizens cannot clearly understand or comply with.
He further claims that the law introduces excessive penalties, including fines of up to KSh 20 million or imprisonment of up to 10 years for certain online offences.
The activist also alleges that Parliament failed to conduct adequate public participation before passing the amendments.
Digital rights debate continues
The case adds to Kenya’s growing debate on balancing cybersecurity measures with the protection of civil liberties.
Legal experts say the court’s decision could shape how Kenya regulates online speech while protecting constitutional rights.
If the High Court grants the requested conservatory orders, the disputed sections of the law will remain suspended until the court determines the petition.
The matter now awaits further directions from the High Court as parties prepare for the hearing.
