NAIROBI, Kenya — On October 15, 2025, President William Ruto assented to the Computer Misuse and Cybercrimes (Amendment) Act, 2024, a controversial law granting the state sweeping powers to block or shut down websites and digital platforms at will.
The legislation, which the government insists is aimed at tackling cyber threats and protecting citizens, has drawn sharp criticism from digital rights advocates, trade groups, and constitutional lawyers who warn that it could jeopardize Kenya’s digital economy and erode fundamental freedoms.
The amendment introduces Section 46A, empowering an “authorised person” to apply to court for an order to remove content or shut down a computer system, website, or application suspected of promoting child pornography, terrorism, or extremist ideologies.
Government officials say the move is meant to give investigators a proactive tool to prevent harm rather than respond after the fact. Supporters in Parliament argued that the National Computer and Cybercrimes Coordination Committee (N4C) now has a legal mechanism to curb rogue sites and social media platforms that spread misinformation or promote unlawful activities.
Deputy sponsors of the bill cited rising cases of phishing, identity theft, and digital radicalisation as justification.
“The online space has become dangerous. Fake news, cyberbullying, and AI-generated lies threaten our peace and national cohesion,” one government lawmaker said during the August 2025 debate.
Yet beneath the government’s cybersecurity rhetoric lies deep anxiety about what these powers mean for Kenya’s thriving digital ecosystem.
The law’s critics fear that it could be wielded arbitrarily to silence dissent or cripple legitimate businesses. For instance, e-commerce platforms, fintech startups, and media sites depend on uninterrupted digital access.
A state power to “switch off” websites, even temporarily, introduces uncertainty that could scare investors and disrupt trade. Kenya’s reputation as a regional tech hub—anchored in its Silicon Savannah—now hangs in the balance.
Digital rights campaigners have decried the vague language of the law, particularly the broad terms “promote illegal activities” and “extremist religious or cultic practices,” which they argue could be stretched to target political speech, satire, or civic activism.
“This is an extremely bad law. It may appear to fight cybercrime, but it can just as easily be turned against critics, journalists, or small business owners,” said a Nairobi-based internet governance expert.
Legal scholars have also pointed to a glaring constitutional contradiction. In May 2025, the High Court of Kenya issued a landmark decision restraining the government from shutting down the internet or interfering with digital platforms, affirming that such acts violate Articles 33, 34, and 35 of the Constitution, which protect freedom of expression, media independence, and access to information.
The new amendment appears to run counter to that ruling, reigniting the long-running debate over state control of the digital space.
Economists warn that investor confidence could take a hit if the government can unilaterally block access to online infrastructure.
“Foreign investors value predictability. If websites or platforms can be switched off without due process, it weakens Kenya’s appeal as a safe digital investment destination,” said a Nairobi Chamber of Commerce official.
While the government defends the law as a shield against cybercrime, experts argue that its enforcement must be transparent, evidence-based, and subject to judicial oversight.
Observers have called for clear operational guidelines defining who qualifies as an “authorised person,” what evidentiary standards apply before court orders are issued, and how affected parties can appeal decisions.
Transparency reports detailing website takedowns and mechanisms for public accountability could also help prevent misuse.
Kenya now faces a defining test in balancing digital security with constitutional freedom. As one MP cautioned during debate, “Introducing ‘terrorism’ here is making a rope, and it will hang us very soon.” Unless robust safeguards are instituted, the Computer Misuse and Cybercrimes (Amendment) Act risks becoming a weapon against the very freedoms that fuel Kenya’s digital transformation.
