Kenya’s newly amended Computer Misuse and Cybercrimes Act has drawn mixed reactions from lawmakers, ICT experts, and digital rights advocates, who are now debating its far-reaching implications on online freedoms, misinformation, and state control of the digital space.
The Computer Misuse and Cybercrime (Amendment) Bill, 2024, which was assented to by President William Ruto earlier this month, updates the 2018 law to address rising concerns about cyber fraud, fake news, and extremist content. The new amendments, sponsored by Mandera South MP Aden Daud, grant the government authority to block websites and online applications deemed to spread false information or promote harmful activities, including online pornography and extremism.
“The amendment before us is part of Kenya’s laws, but it’s important to clarify that the website in question will be blocked, not pulled down,” said Aden Daud during the National Assembly debate. “Taking down a site is a different action altogether, and this amendment strictly addresses the four key areas we’ve discussed.”
Daud defended the changes, saying they are designed to strengthen digital oversight and protect Kenyans from manipulation and misinformation.
“I urge Kenyans not to use social media to give you misinformation. What Kenyans should focus on is what the law actually says—not my intentions or anyone’s character,” he said.
“Laws passed by Parliament cannot contradict the Constitution, which guarantees freedoms, but those freedoms end where another person’s rights begin.”
The bill was tabled in August 2024 and read for the first time in November before being referred to the Departmental Committee on Communication, Information and Innovation for public participation. Nationwide notices inviting public views were published in February this year in accordance with Article 118 of the Constitution.
ICT experts have acknowledged that the law fills gaps in addressing modern cyber threats but caution that its implementation must uphold transparency and judicial oversight.
Legal scholar Jared Mugendi highlighted that the law should not be misinterpreted through social media debates, stressing that misinformation remains one of Kenya’s most serious digital challenges.
“Spreading information with the deliberate intent to mislead the public is the real issue at hand,” said Mugendi. “Law is not English; it requires technical understanding to interpret what the lawmaker truly meant with legitimacy and context.”
He added that digital manipulation now goes beyond visible harm. “Religion is the freedom to worship God according to the dictates of one’s conscience, but that freedom ends where harm begins. When faith is twisted to cause physical or psychological harm, or to manipulate others into acting against their own interests, it ceases to be worship and becomes religious extremism.”
According to Mugendi, the rise of online misinformation and targeted propaganda has made it necessary for the state to act while respecting constitutional boundaries.
“Social media can be used to manipulate thought and behavior—as seen even during elections—proving that invisible actors in cyberspace hold immense power. The real question is how government can protect citizens from those hidden forces, some of whom are more powerful than states themselves,” he said.
National Assembly ICT Committee Chair John Kiarie (KJ) said the amendments mark a step forward in protecting Kenya’s digital ecosystem but warned that technology will always evolve faster than law.
“The recently assented Computer Misuse and Cybercrime Amendment Bill builds on the 2018 law to strengthen Kenya’s digital safety framework,” said Kiarie.
“The amendments, introduced by Hon. Aden Daud, aim to close existing gaps and protect the country from online pornography and other cyber threats.”
Kiarie urged Kenyans to seek credible information on legal matters instead of relying on social media, which he said often spreads inaccuracies.
“Aden Daud reminded us that the last place to seek legal information is social media—there, you’ll mostly find opinions, misinformation, and entertainment, not facts. And he was right, because when it comes to the law, accuracy matters more than popularity,” he said.
“Technology will always move faster than legislation and even faster than governments,” Kiarie added. “In the absence of timely and accurate information, misinformation fills the gap—because no one wakes up intending to believe lies, but a communication vacuum will always be filled by them.”
Government officials maintain that the law is constitutional and aims to protect citizens from online exploitation, hate speech, and cyberbullying, not to police opinions.
Read: PS Omollo Warns Against Misinformation on Cybercrimes Act
>>> All You Need to Know About the Amended Computer Misuse and Cybercrimes Act
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