Kenya has introduced stricter penalties for cybercrime under a new law signed by President William Ruto on October 15. The Computer Misuse and Cybercrimes (Amendment) Act, 2024, strengthens the 2018 legislation by introducing tougher penalties for offences such as cyber harassment, identity theft, phishing, and data breaches. Individuals found guilty of these crimes now face fines of up to 20 million Kenyan shillings or a jail term of up to ten years.
The amended law broadens the definition of cyber harassment to include online communication that causes psychological harm or could lead a person to contemplate suicide. This move aims to curb the surge in online fraud, harassment, and harmful digital content. Under the amended Section 27, offenders convicted of cyber harassment are liable to a fine, a prison sentence, or both.
The National Computer and Cybercrimes Coordination Committee has been empowered to direct internet service providers to block access to websites, applications, or pages promoting unlawful activity, even without a court order. This provision is intended to help authorities tackle the growing problem of online crime.
The introduction of the new law has sparked debate over its potential impact on online freedom of expression and media operations, which are guaranteed under the Kenyan Constitution. Articles 33 and 34 of the Constitution protect freedom of expression and the freedom to access information, respectively. The new provisions have raised concerns among some stakeholders, who argue that they could be used to restrict online freedoms.
The Kenyan government has stated that the new law is necessary to protect citizens from the growing threat of cybercrime. The country has seen a significant increase in online fraud and harassment in recent years, and the government believes that the new law will help to curb this trend. As the law comes into effect, it is likely to have significant implications for online activities in Kenya, and its impact will be closely watched by stakeholders and observers alike.