NAIROBI, Kenya – A proposed amendment to Kenya’s cybercrime law is facing backlash from civil society groups, legal experts, and media regulators, who say the Bill’s sweeping penalties and vague provisions could suppress legitimate online speech and criminalise journalism.
The Computer Misuse and Cybercrimes (Amendment) Bill, 2024, currently under consideration in Parliament, proposes fines ranging from Sh5 million to Sh20 million for offences such as false information, disinformation, and cyber harassment.
But critics argue the law’s ambiguity could be weaponised against journalists, whistleblowers, and ordinary citizens engaging in public discourse.
Speaking at a public forum in Nairobi, stakeholders warned that the Bill, if passed in its current form, poses a direct threat to constitutional rights protected under Articles 33, 34, and 35, which guarantee freedom of expression, media freedom, and access to information.
“The Bill should be reviewed to ensure it does not become a tool of repression,” said Henry Ochieng, CEO of the Kenya Alliance of Residents Association (KARA). “We must avoid a situation where criticism or dissent is punished under the guise of regulating the digital space.”
Calls for Clarity, Safeguards
Ochieng said the amendments require clearer definitions and safeguards to prevent abuse, especially by political actors or state institutions that may seek to silence critics.
He urged Parliament to reduce the proposed fines and introduce explicit protections for journalists and activists.
Legal expert Kiragu Wachira echoed those concerns, arguing that the criminalisation of defamation under the Bill is disproportionate and contrary to democratic principles.
“The law must uphold civil liberties and protect individuals in a democratic society,” said Wachira. “Punitive penalties like these risk reversing the progress made since the 2010 Constitution.”
He also called for the inclusion of key oversight bodies such as the Office of the Data Commissioner, the Kenya National Commission on Human Rights (KNCHR), and the National Gender and Equality Commission (NGEC) in the National Cybercrimes Coordination Committee to ensure checks and balances.
Overreach and Overlap
Suba Churchill, Executive Director of the Kenya National Civil Society Centre, accused the state of introducing overlapping digital regulations with excessive punitive consequences, raising fears of regulatory overreach.
“Governments are increasingly trying to overregulate the digital space to give themselves room to prosecute under multiple laws,” Churchill said. “We understand the need to get off the FATF grey list, but this is not the way to go about it.”
He warned that the Bill could be misused under the pretext of fighting cybercrime and financial misconduct, turning into a blunt tool against dissent and online freedoms.
Journalists in the Crosshairs
The Media Council of Kenya (MCK) also raised alarm over vague clauses that could jeopardise investigative journalism.
CEO David Omwoyo questioned the Bill’s failure to define terms such as “fraudulent intent” in identity theft cases, warning that investigative reporting techniques like undercover work could be misclassified as cybercrimes.
“Clause 7b and 7c of our Code of Conduct allow journalists to use misrepresentation in the public interest,” Omwoyo said. “Without clearer legal exemptions, reporters could face charges for simply doing their jobs.”
He urged lawmakers to explicitly protect media freedom and uphold journalistic standards that rely on covert methods to expose wrongdoing.
Push for Broader Consultation
Across the board, speakers demanded that Parliament open the legislative process to more public scrutiny, involve rights-based institutions in the review, and ensure that the final law respects Kenya’s democratic values.
“If passed without revision, this Bill risks becoming a modern tool for censorship,” said Ochieng.
The forum concluded with a unified call to balance cyber regulation with human rights, warning that failure to act could undermine Kenya’s hard-won digital and democratic freedoms.
