Kenya is celebrated as a hub of digital innovation in Africa, with a thriving community of content creators—from TikTok users in Kibera to software developers in Garissa.
As one of the continent’s leaders in internet and social media usage, Kenya has earned the title of “Silicon Savannah.”
However, this rapid digital expansion has also brought about significant challenges, including cyberbullying, phishing, and online impersonation.
In response to these issues, the Computer Misuse and Cybercrimes Act was enacted to protect citizens’ data and deter online misconduct. Unfortunately, the implementation of this law has sparked serious concerns about its efficacy and underlying motives.
The initial 2018 Act was a hasty reaction to rising online threats, leading to immediate legal challenges from organizations like the Bloggers Association of Kenya (BAKE) and the Media Council of Kenya.
They contended that certain provisions violated the Constitution, particularly those related to freedom of expression and access to information. Key sections regarding “false publications” and “cyber harassment” were suspended for being overly vague and susceptible to misuse.
What was intended to be a safeguard for citizens instead became a tool for silencing dissent. Journalists and activists found themselves facing charges for “offensive communication” or “spreading false information,” vague accusations often fueled by the sensitivities of political figures.
By 2024, the government had the chance to rectify the flaws of the original law.
Instead, it introduced the Computer Misuse and Cybercrimes (Amendment) Act, 2024, which was rushed through Parliament with little debate.
This legislative process, conducted alongside other bills, bypassed essential public scrutiny and violated the constitutional requirement for public involvement.
While the new law claims to address modern threats like identity theft and online fraud, it also embeds concerning provisions.
Authorities now have the power to block websites deemed to support “unlawful activities,” a vague term that grants excessive discretion.
Additionally, Section 46A allows courts to order the removal of content based solely on “reasonable belief,” undermining the principle of presumption of innocence.
The penalties outlined in the law are severe, with potential fines reaching KSh 20 million or imprisonment for up to ten years for offenses as ambiguous as “publishing false information.”
Such measures conflict with constitutional rights to free expression and threaten the foundations of journalism.
While the 2024 amendment introduces updated legal definitions and strengthens protections against cybercrime, it remains fundamentally flawed—an attempt at modernization overshadowed by political agendas.
This legislation reflects a troubling trend in Kenya’s governance: the tendency to criminalize dissent rather than foster open dialogue.
The timing of the Act’s passage, coinciding with national unrest following the death of former Prime Minister Raila Odinga, felt less like an effort to enhance cybersecurity and more like a preemptive strike against online criticism.
Despite government assurances regarding the law, the need for such defenses raises questions about its validity. A law that requires constant justification may not be defensible at all.
To address these issues, the government must prioritize public involvement, inviting experts and civil society to help refine the law. Key sections granting excessive authority should be amended to ensure judicial oversight.
Additionally, Kenya needs a Digital Rights and Freedoms Charter to protect citizens’ rights in the online environment.
Ultimately, the Computer Misuse and Cybercrimes (Amendment) Act, 2024, could have been a solid framework for ensuring digital safety.
Instead, it risks becoming a mechanism for oppression. However, laws can evolve. With sustained pressure from Parliament, the judiciary, and the public, Kenya has the opportunity to transform this flawed legislation into a balanced approach that harmonizes security with the freedom of expression.
