Kenya’s Computer Misuse and Cybercrime (Amendment) Bill, 2024, recently introduced, seeks to modernize cyber law but not without stirring concern about rights, governance, and overreach.
Key Provisions
- Stronger penalties:
- Fines ranging from Sh5 million to Sh20 million, or up to 10 years in prison for offenses like cyber harassment, phishing, and distribution of false information.
- New powers to block websites/apps deemed involved in illegal content like child pornography, terrorism, extreme religious activity
- Expanded institutional roles:
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- The National Computer and Cyber‑Crimes Coordination Committee (NCC3) gains increased mandate, advising on blockchain, mobile money, critical infrastructure, and issuing directives to block content.
- Formal separation of duties: the Ministry of Interior handles prosecutions while the Ministry of ICT handles cybersecurity.
- Recognition of evolving threats:
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- Explicit inclusion of SIM‑swap fraud in criminal offenses
- Protection extended to critical infrastructure, with regulations to shield public services and essential systems.
Benefits of the Bill
- Modernized defenses: Enables swift action against emerging cyber threats like SIM‑swap fraud and phishing.
- Infrastructure resilience: Provides legal tools to safeguard vital systems, utilities, payments, and health against malicious disruption.
- Clearer role allocation: The bill helps define who investigates and who polices in the cyber domain.
Concerns & Criticisms
- Excessive penalties
Civil society voices alarm at fines of up to Sh20 million—dangerously punitive, particularly for speech-related offences - Vague definitions
Terms like “false publications” and “hate speech” lack clarity—opening doors to misuse against journalists, whistle-blowers, or critics - Risk to free speech
The possibility of targeting media and activists under this bill raises fears about stifling civic discourse - Overregulation of the internet
Critics argue Kenya risks duplicative or conflicting regulatory frameworks without protections for fundamental freedoms
Where Kenya Should Head Next
- Narrow and clarify legal definitions to avoid the criminalization of legitimate speech or journalism.
- Adjust penalties to fit the offense—heavy fines should target large-scale fraudsters, not ordinary citizens.
- Institutional safeguards: Strengthen judicial oversight over site-blocking powers to prevent censorious use.
- MSP engagement and capacity building: Empower both prosecution (Interior) and cybersecurity (ICT), with proper training and inter-agency protocols.
- Balancing act: Ensure the bill enables cyber resilience without stifling digital rights and civic expression.
Lastly, Kenya’s new cybercrime bill is a crucial step toward modernizing legal defences in an increasingly digital world. Yet, without sharper definitions, tempered penalties, and robust oversight. It risks tipping the scale from protection into repression. Stakeholder input, careful amendment, and clear institutional balance are essential to ensure the law defends citizens and democracy, not undermines them.