NAIROBI, Kenya — The Office of the Director of Public Prosecutions (ODPP), in partnership with the National Computer and Cybercrime Coordination Committee (NC4) and the National Police Service (NPS), has launched a new guide aimed at improving the investigation and prosecution of cybercrime offences in Kenya.
The Rapid Reference Guide on Investigation and Prosecution of Offences under the Computer Misuse and Cybercrimes Act, Cap 79C, was launched in Nairobi as authorities step up efforts to respond to increasingly sophisticated digital crimes.
The guide is designed as a practical operational tool to help investigators and prosecutors translate the provisions of the law into clear requirements for building cybercrime cases.
Guide provides standardised cybercrime procedures
According to the ODPP, the guide seeks to bridge the gap between complex cybercrime investigations and effective prosecution by providing investigators and prosecutors with a common operational reference.
It includes standardised template charge sheets, outlines the essential legal ingredients that must be established for different offences and provides guidance on procedures involving protection orders.
The guide also sets out protocols for the management and preservation of digital evidence as well as international cooperation in cases involving cross-border cybercrime.
The measures are intended to improve consistency in the handling of cybercrime cases and reduce challenges that can arise when investigators and prosecutors deal with rapidly evolving digital evidence and offences.
Cybercrime becoming more sophisticated
Speaking on behalf of Director of Public Prosecutions Renson Ingonga, CBS, OGW, Acting Senior Deputy Director of Public Prosecutions Freda Mwanza said the launch represented an important step in strengthening Kenya’s ability to protect its increasingly digital economy and society.
The DPP noted that cybercrime had evolved beyond isolated attacks on computers and networks to include sophisticated, organised and transnational criminal operations.
Such networks can threaten national security, critical economic infrastructure and individual livelihoods, according to the ODPP.
The growing use of mobile banking and digital wallets has also created new opportunities for criminals to target users through increasingly sophisticated schemes.
The ODPP cited offences and techniques including SIM swapping, identity theft, phishing and social engineering as examples of threats facing digital users.
Digital evidence poses investigation challenges
Ingonga highlighted the difficulties investigators and prosecutors face when dealing with cybercrime cases.
Digital footprints can disappear rapidly, while electronic evidence can be compromised if it is not properly identified, preserved and handled.
Investigators may also have to trace illicit funds across multiple digital platforms and jurisdictions, adding another layer of complexity to prosecutions.
The new guide is therefore expected to provide practical direction on the handling of digital evidence and other procedural requirements that can determine whether a cybercrime investigation ultimately supports a successful prosecution.
Cybercrime fight linked to FATF Grey List
The ODPP said the guide comes at a critical time as Kenya intensifies efforts to secure its exit from the Financial Action Task Force (FATF) Grey List.
Ingonga said effective detection, investigation, prosecution, conviction and recovery of proceeds of cybercrime were important in disrupting money laundering networks.
He further linked stronger cybercrime enforcement to efforts to demonstrate the resilience, accountability and effectiveness of Kenya’s financial and digital systems.
The focus on recovery of criminal proceeds reflects the increasing overlap between cybercrime, financial crime and money laundering, particularly where criminals use digital platforms to move or conceal illicit funds.
ODPP, NC4 and police strengthen cooperation
The launch brings together three key institutions involved in Kenya’s response to cybercrime: the ODPP, NC4 and the National Police Service.
The partnership is intended to strengthen coordination between investigators and prosecutors from the early stages of a case through to prosecution.
By providing common guidance on legal requirements, charge sheets, evidence and international cooperation, the guide could help reduce gaps between cybercrime investigations and the preparation of cases for court.
