Kenya’s Parliament has passed the Computer Misuse and Cybercrimes (Amendment) Bill, 2024, a law that gives the government new authority to shut down websites, social media pages, and digital platforms suspected of promoting illegal online activities. The updated law, sponsored by Wajir East MP Aden Daudi Mohamed and published in the Kenya Gazette on August 9, 2024, is intended to strengthen cybersecurity but has sparked intense public debate over its possible effect on digital freedoms.
What Does the New Cybercrime Bill Change?
The amendment updates the original 2018 Act to address new digital threats, expanding how cybercrime is defined and prosecuted. It introduces clear definitions for digital assets, identity theft, and virtual accounts. For instance, “assets” now include cryptocurrencies and NFTs, while “identity theft” covers misuse of SIM cards, bank details, and subscriber data.
Under the new law, authorities can block websites or apps found promoting illegal activities such as child exploitation, terrorism, online fraud, hate speech, and copyright violations. Popular platforms like Facebook, X (formerly Twitter), Instagram, YouTube, TikTok, Telegram, WhatsApp, and Google are highlighted as common sources of digital threats.
The bill also introduces stricter penalties for various cyber offenses. Fraudulent SIM swaps now carry a two-year jail term or a KSh200,000 fine. Phishing, or stealing sensitive online data, can result in a three-year sentence or a KSh300,000 fine. More severe crimes like aiding digital offenses could lead to fines of up to Ksh7 million or imprisonment for four years, while cyber harassment cases linked to suicide attempts could attract sentences of up to 10 years or fines reaching Ksh20 million.
Why Is This Law Controversial?
Kenya has seen a massive rise in cyber threats, over 123 million detected between July and September 2023, according to the Communications Authority of Kenya. These include phishing scams, fake news, hacking, and online harassment. Lawmakers argue that the bill is a necessary response to protect citizens and secure the nation’s digital space.
However, digital rights activists warn that the broad language of the law could be misused to silence dissenting voices. Phrases such as “extreme religious practices” and “illegal activities” remain vague, raising fears of arbitrary enforcement. “This bill could be weaponized against journalists, activists, and ordinary citizens who express dissenting views online,” said a digital rights lawyer who requested anonymity.
The passage of the cybercrime bill marks a pivotal moment in Kenya’s digital governance. While it seeks to enhance online safety, the challenge will lie in balancing national security with the protection of free expression in the country’s fast-evolving digital landscape.
By Lucky Anyanje