Nairobi, Kenya – The government has recommended a complete review of the Computer Misuse and Cybercrimes Act, 2018, to better define responsibilities in tackling cyber threats, even as concerns mount over potential restrictions on digital freedoms.
Appearing before the National Assembly Committee on Communication, Information, and Innovation, Broadcasting and Telecommunications, Principal Secretary Prof. Edward Kisiang’ani emphasized the need for clear jurisdictional boundaries.
He proposed that the Ministry of Interior and National Administration handle cybercrime prosecution while the Ministry of ICT and Digital Economy focus on cybersecurity.
“This division would eliminate uncertainties over mandates and ensure a more coordinated approach to dealing with digital threats,” Kisiang’ani said.
The committee, chaired by Dagoretti South MP John Kiarie, convened to discuss proposed amendments to the Act, spearheaded by Wajir West MP Aden Mohammed.
The meeting included representatives from the Ministry of ICT and the Kenya Alliance of Residents Associations (KARA), who deliberated on the broader implications of the changes.
Free Speech or Government Crackdown?
However, questions arose over the intent behind the amendments, with Kiarie suggesting they could be politically motivated.
“Is this a knee-jerk reaction to unfavorable comments on social media about the government? Will media houses be shut down for being critical?” he asked.
Kisiang’ani dismissed claims that the amendments were designed to silence government critics, arguing that the Bill was a private member’s initiative rather than a state-sponsored directive.
“The role of government isn’t to threaten citizens but to listen to them. If you don’t listen to your citizens, you will find yourself in a mess,” he stated.
The Sector Working Group presented its own recommendations, including the development of a National Cybersecurity Policy to address growing threats.
Among the proposals were the establishment of a National Cyber Security Agency (NCSA) to act as Kenya’s primary cybersecurity authority and the creation of a Cyber Police Unit to investigate and prosecute cybercriminals.
Meanwhile, KARA CEO Henry Ochieng urged lawmakers to find a balance between digital freedoms and online safety, particularly in addressing cyberbullying.
“Cyberbullying is a big challenge that even leads to suicide. How do we protect both freedom of expression and people’s well-being? We need stronger defamation laws to help mitigate online harassment,” he said.
The debate over the Cybercrimes Act underscores growing tensions between digital rights and national security, with stakeholders pushing for a delicate balance between cybersecurity enforcement and freedom of expression.
