President William Ruto continues to face backlash from the public and civil society organisations over controversial policies passed by his administration.

From the Finance Bill 2024, which led to numerous anti-government protests, the latest computer misuse and cybercrime bill was assented to by the President and has raised eyebrows and clamour among Kenyans who feel that the government wants to silence dissent.

The new law introduces far-reaching changes designed to address emerging threats, such as cyber fraud, digital terrorism, identity theft, and harmful online content, positioning Kenya among African nations that are taking a firm stand against the misuse of technology.

But what is this law that has faced backlash online, with political leaders such as People’s Liberation (PLP) leader Martha Karua scoffing at Ruto for taking advantage of the death of ODM leader Raila Odinga to pass the oppressive law?

Cybercrime law

The amendment bill was sponsored by Wajir East MP Aden Mohamed.

The government seeks to provide a regulatory framework to combat unlawful activities, inappropriate sexual content of minors, terrorism or religious extremism, and other forms of cybercrimes.

Moreover, it seeks to amend the Computer Misuse and Cybercrimes Act Cap 79C by proposing to give the National Computer and Cybercrimes Co-ordination Committee (NC4) an additional function of issuing directives on websites and applications that may be rendered inaccessible within the country where the “website or application promotes illegal activities, child pornography, terrorism, and extreme religious and cultic practices.”

The Bill also seeks to amend section 27 of the Act to expand the scope of the offence of cyber harassment.

Likewise, any person who communicates to an individual, or anyone connected to them, whose conduct is likely to cause violence against them, property damage, or detrimentally affects them, will be liable to a fine not exceeding Ksh20 million or imprisonment for a term not exceeding ten years, or both.

The same penalty will be given if the person is part of an indecent or grossly offensive nature that will affect other persons.

The Bill also wants to amend section 30 of the Act to expand the scope of the offence of phishing, which will include action against identity theft committed through email or phone calls.

Penalties for offenders

This offence will attract a fine not exceeding Ksh300,000 or imprisonment for a term not exceeding three years or both if they create or operate a website, or send a message through a computer system, “with the intention to induce the user of a website or the recipient of the message to disclose personal information for an unlawful purpose.”

The Bill also wants to insert a new section 42A in the Act, the offence of unauthorised SIM swap.

“A person who wilfully causes unauthorised alteration and unlawfully takes ownership of another person’s SIM card with intent to commit an offence is liable on conviction to a fine not exceeding two hundred thousand Kenyan shillings or to imprisonment for a term not exceeding two years, or both,” reads the bill.

Perhaps the most consequential addition is the new Section 46A, which empowers courts to order the removal of illegal online content or even deactivate websites, systems, or devices used to promote terrorism, child exploitation, or extremist propaganda.

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The section also allows investigators to apply for such orders before conviction if there is a reasonable belief that a digital platform is being misused.

Ruto assented to the bill last Wednesday, October 15, making it a law.

“Today, at State House, Nairobi, I had the honour of assenting to eight bills passed by the National Assembly into law,” Ruto said.

“With my assent, these laws now become part of the Statutes of the Republic of Kenya, reinforcing our collective commitment to address historical injustices, entrench equity and transparency, and accelerate our national development and transformation agenda.”