Understanding the Controversial Computer Misuse and Cybercrimes (Amendment) Bill, 2024

The signing of seven National Assembly bills by President William Ruto on October 15, 2024, has stirred debate, partly because it preceded the announcement of former Prime Minister Raila Odinga’s death. Among the bills that have drawn significant attention is the Computer Misuse and Cybercrimes (Amendment) Bill, 2024, which critics argue could have far-reaching implications for online freedom, while supporters say it strengthens Kenya’s fight against cybercrime.

Sponsored by Wajir East MP Aden Mohamed, the Bill seeks to amend the existing Computer Misuse and Cybercrimes Act (Cap 79C) to provide a stronger regulatory framework addressing cyber offences, terrorism, online child exploitation, and extremist content. One major proposal empowers the National Computer and Cybercrimes Co-ordination Committee (NC4) to issue directives blocking websites or applications that promote illegal activities, child pornography, terrorism, or extreme religious or cultic practices.

The Bill also expands the scope of cyber harassment under Section 27. Individuals who communicate threats likely to cause violence, property damage, or psychological harm face fines of up to Ksh. 20 million, imprisonment for up to ten years, or both. This includes messages of an indecent or grossly offensive nature that negatively affect others.

Section 30 is amended to widen the definition of phishing, covering identity theft committed via emails, phone calls, or online platforms. Offenders may be fined up to Ksh. 300,000, face three years’ imprisonment, or both if they trick users into disclosing personal information.

The Bill also introduces Section 42A, criminalizing unauthorized SIM swaps. Anyone who unlawfully takes ownership of another person’s SIM card with intent to commit an offence faces fines up to Ksh. 200,000, imprisonment for up to two years, or both.

Proponents argue the amendments are necessary to modernize Kenya’s legal framework in line with technological advancements and curb increasing cyber threats. Critics, however, caution that granting broad powers to NC4 may risk overreach and impinge on freedom of expression online, raising important questions about balancing security with civil liberties.

The Computer Misuse and Cybercrimes (Amendment) Bill, 2024, is set to reshape Kenya’s digital landscape, with stronger penalties for offenders and expanded regulatory powers, but it also ignites debate over government control versus citizens’ online rights.