Kenya has introduced stricter penalties for cybercrime with the Computer Misuse and Cybercrimes (Amendment) Act, 2024, signed by President William Ruto on October 15. The amendment strengthens the 2018 legislation by imposing harsher punishments for offences such as cyber harassment, identity theft, phishing and data breaches. Individuals convicted of these crimes now face fines of up to 20 million Kenyan shillings, imprisonment for up to ten years, or both.
The revised law expands the definition of cyber harassment to include online communications that cause psychological harm or could lead a person to contemplate suicide. Under the amended Section 27, offenders may be sentenced to a fine, a prison term, or both. Additionally, the National Computer and Cybercrimes Coordination Committee is empowered to direct internet service providers to block access to websites, applications, or pages that promote unlawful activity, even without a court order. This provision aims to help authorities curb the growing problem of online crime.
The new legislation has sparked debate over its potential impact on freedom of expression and media operations, which are protected by Articles 33 and 34 of the Kenyan Constitution. Some stakeholders worry that the provisions could be used to restrict online freedoms. The government, however, maintains that the law is necessary to protect citizens from the rising threat of cybercrime, noting a significant increase in online fraud and harassment in recent years.
As the amendment comes into effect, its implications for online activities in Kenya will be closely monitored by stakeholders and observers alike.
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