The government has defended the recently signed Computer Misuse and Cybercrimes (Amendment) Act, 2024, following its assent by President William Ruto on October 15, 2025.
The legislation, which has sparked intense public debate, was among seven bills signed into law shortly before the announcement of the death of opposition leader Raila Odinga later that day.
Other bills signed include the National Police Service Commission (Amendment) Bill, 2024, the Wildlife Conservation and Management (Amendment) Bill, 2023, the Land (Amendment) Bill, 2022, the National Land Commission (Amendment) Bill, 2023, the Air Passenger Service Charge (Amendment) Bill, 2025, and the Privatisation Bill, 2025.
Of all the newly enacted laws, the Computer Misuse and Cybercrimes (Amendment) Act has drawn the most public scrutiny. Sponsored by Wajir East MP Aden Mohamed, the law seeks to bolster Kenya’s ability to respond to cybercrime, digital fraud, and the dissemination of extremist or illegal content online.
A key provision in the amendments grants the National Computer and Cybercrimes Coordination Committee (NC4) the authority to issue directives to internet service providers (ISPs), allowing it to restrict or block access to websites and applications that promote illegal content. This includes material related to child pornography, terrorism, or religious extremism.
The government argues these powers are essential to safeguarding national security and protecting citizens from exploitation in an increasingly digital economy.
The law also expands the definition of cyber harassment under Section 27. Individuals found guilty of sending communications likely to incite violence, cause property damage, or inflict personal harm can face penalties of up to Sh20 million or 10 years in prison. The same applies to those who send indecent or offensive content that causes distress.
Amendments to Section 30 introduce penalties for phishing and identity theft through fraudulent websites, emails, or calls. Offenders face fines of up to Sh300,000, a prison term of up to three years, or both.
A new Section 42A criminalises unauthorised SIM swapping. Individuals found guilty of illegally taking control of someone’s SIM card or altering registration details to commit fraud face fines of up to Sh200,000, two years’ imprisonment, or both.
The Ministry of Interior has defended the legislation, saying it aims to combat growing online threats. Interior Principal Secretary Dr Raymond Omollo dismissed criticism circulating online, stating that the law is not designed to stifle free speech.
“Our goal is to protect Kenyans from fraud, radicalisation, and the exploitation of minors,” said Dr Omollo. “Much of what is being shared online about this law is misleading. I urge Kenyans to read the Act themselves rather than rely on social media interpretations.”
He added that the legislation complements the government’s Digital Superhighway initiative under the Bottom-Up Economic Transformation Agenda (BETA), which aims to promote a safer and more inclusive digital economy.
Despite government assurances, several civil society organisations and legal experts have expressed concern over the law’s potential to infringe on constitutional freedoms.
The Kenya Human Rights Commission (KHRC), together with musician and activist Reuben Kigame, has filed a petition in the High Court, challenging the law’s constitutionality. The petition argues that certain provisions violate the rights to privacy, freedom of expression, and access to information as enshrined in the Constitution.
Critics are particularly concerned about the broad powers granted to NC4, warning they could be used to silence dissent or censor critical content without judicial oversight.
“There is a risk of state overreach,” said a constitutional lawyer familiar with the case. “Allowing administrative bodies to block access to digital platforms without court orders opens the door to censorship and abuse.”
The petition also questions the legislative process, arguing that the Bill should have been reviewed by the Senate due to its implications on devolved functions.
The High Court’s ruling will determine whether the contested provisions are upheld, amended, or struck down. Legal observers say the case will set an important precedent for how Kenya balances national security with digital rights and civil liberties in the years to come.
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