Kenya MPs proposed amendments to the Computer Misuse and Cybercrimes Bill, 2024, igniting fierce debate, as the legislation would grant the government sweeping powers to shut down websites, systems, and digital devices linked to illegal activities.
Sponsored by Wajir East MP Aden Daudi Mohamed, the bill aims to curb crimes like child pornography, terrorism, and extreme religious practices but has raised alarms over potential censorship and infringement on digital freedoms.
If passed, the National Computer and Cybercrimes Coordination Committee (NC4) could order the deactivation of platforms deemed unlawful, prompting concerns about transparency and abuse.
The bill, published in the Kenya Gazette Supplement on August 9, 2024, amends the 2018 Computer Misuse and Cybercrimes Act to expand NC4’s authority. Clause 3 allows NC4 to issue directives to block websites or apps promoting “illegal activities” or “cultic practices”, terms critics call dangerously vague.
The Kenya ICT Action Network (KICTANet) warned that the ambiguous language risks politically motivated censorship, citing Kenya’s history of internet shutdowns, including a June 2024 disruption costing KSh 4.2 billion.
Civil society groups, including ARTICLE 19, urged parliament to reject the bill, arguing it violates freedom of expression under Kenya’s Constitution and international human rights standards.
The proposed law requires a court order for shutdowns, but critics highlight the lack of clear oversight or appeal mechanism”The bill designates NC4 as the investigator, prosecutor, and judge,” said Victor Kapiyo of KICTANet, noting its potentialtial to stifle dissent.
The Communications Authority of Kenya (CAK) would enforce these directives, raising fears of economic fallout for digital platforms. A 2023 Telegram block, for instance, cost Kenya USD 27.02 million, showing the financial stakes.
Public sentiment reflects unease, with citizens calling for the bill’s rejection due to its sponsors’ motives. The Bloggers Association of Kenya (BAKE), which challenged the 2018 Act’s constitutionality, plans to fight the amendments in court, citing ongoing harassment of online voices.
The bill also introduces penalties for cyber harassment, phishing, and unauthorized SIM swaps, with fines up to KSh20 million or 10-year jail terms.
As the bill awaits its second reading, Kenya’s digital community braces for A potential clampdown looms, as the amendments could further erode Kenya’s already shaky internet freedom ranking, according to a 2024 Freedom House report.