NAIROBI, Kenya – Kenya’s newly amended Computer Misuse and Cybercrimes Act, 2025, has drawn criticism from human rights groups for threatening online free expression.
Human Rights Watch warns that overbroad provisions in the law risk criminalizing legitimate online speech.
The amendments, assented to by President William Ruto on October 15, build on the 2018 Act, originally designed to combat cyber fraud, identity theft, and data breaches.
Critics say the law now grants authorities expansive powers to suppress dissent, restrict access to online content, and penalize ordinary communications with potentially harsh sentences.
“The amendments provide Kenyan authorities with greater power to restrict online speech using vague and overbroad provisions,” said Otsieno Namwaya, associate Africa director at Human Rights Watch. “Kenya’s Constitution and international human rights standards guarantee the right to freedom of expression, and laws like this undermine those rights.”
Civil society groups had raised alarm during the draft amendment process, published in August 2024.
In October, the High Court suspended sections criminalizing communication deemed “indecent or grossly offensive,” pending a constitutional review.
Nevertheless, other problematic provisions, including sections allowing authorities to block websites promoting “unlawful activities and religious extremism,” have already taken effect.
Critics argue these vaguely worded clauses could be misused to harass journalists, activists, and ordinary citizens engaging in political discourse or participatory governance.
Previous cases have seen bloggers and social media users charged under the law for criticizing public officials, underscoring concerns about selective enforcement.
While some amendments introduced judicial oversight, experts say these measures remain insufficient to prevent abuse.
Human rights organizations, including ARTICLE 19, the Bloggers Association of Kenya, and Kenya ICT Action Network, are calling for immediate suspension and review of the provisions to ensure alignment with the Constitution and Kenya’s international obligations.
Kenya is not alone in grappling with cybercrime laws that threaten digital freedoms. Similar laws in Nigeria and Tanzania have been used to suppress dissent and target journalists.
Human Rights Watch emphasizes that Kenya’s amendments place it in a concerning trend of using online regulations to curtail free expression.
Kenya’s Constitution guarantees freedom of expression, and international human rights frameworks, including the ICCPR and the African Declaration on Freedom of Expression, require that restrictions be narrowly defined, necessary, and proportionate.
Human rights advocates warn that vague terms such as “extremism” or “offensive” could enable arbitrary enforcement.
“Kenyan authorities should urgently repeal the problematic provisions of the Computer Misuse and Cybercrimes (Amendments) Act, 2025, and ensure that future legislation protects free expression,” Namwaya said.
