Government Moves to Clarify Misconceptions About New Cybercrime Law

The Kenyan government has moved to counter what it describes as widespread misinformation surrounding the recently enacted Computer Misuse and Cybercrime (Amendment) Act, 2024. Officials say many social media posts and online commentary misrepresent the law’s provisions, urging citizens to consult the actual legislation rather than relying on partial or misleading summaries.

Dr. Raymond Omollo, Principal Secretary for Internal Security and National Administration, emphasized that the amendments are progressive and aim to strengthen Kenya’s cybersecurity framework. “A lot of what is being shared online about the amended Computer Misuse and Cybercrimes Act is misleading or outright false. We encourage citizens to read the adopted Bill themselves to understand what has actually changed,” he said.

Key provisions of the amended law include expanding the powers of the National Computer and Cybercrime Coordination Committee (NC4), which can now issue directives to restrict access to websites and online platforms engaged in illegal activities, including child exploitation, human trafficking, terrorism and extremist content. The law also broadens the definition of cyber harassment to include actions causing violence, property damage or harm to individuals, with offenders facing fines up to Ksh. 20 million or up to 10 years imprisonment or both.

The amendment introduces specific measures targeting phishing and identity theft carried out via emails or phone calls. Those found guilty of operating fraudulent websites or sending deceptive messages to unlawfully obtain personal information face fines up to Ksh. 300,000 or three years imprisonment. A new clause criminalizes unauthorized SIM-swapping, with violators liable for fines up to Ksh. 200,000 or two years imprisonment.

Dr. Omollo highlighted that the amendments are timely as Kenya continues to implement its Digital Superhighway initiative under the Bottom-Up Economic Transformation Agenda (BETA). “A secure and trustworthy digital environment is essential for innovation, e-commerce, efficient online services, and the protection of citizens’ data and livelihoods,” he said.

Sponsored by Wajir East MP Aden Mohamed, the Bill also strengthens protections against online actions that could drive victims to self-harm, demonstrating the government’s commitment to addressing emerging digital threats. Officials maintain that the Act is designed to safeguard citizens while enabling safe growth in Kenya’s digital economy.