How Kenya’s New Computer Misuse and Cybercrimes Law Will Curb Rising Cyber Threats

Kenya has enacted the Computer Misuse and Cybercrimes (Amendment) Act 2025, which was signed into law by President William Ruto on Wednesday, October 15, 2024. 

The law, effective from November 4, 2025, updates the 2018 Act to tackle emerging cyber threats, strengthen digital safety, and clarify court oversight of cyber offenses.

The amendment comes amid the rapid growth of Kenya’s digital space, which has seen a rise in cyber fraud, identity theft, cyberbullying, child exploitation, and misuse of virtual assets.  

It also comes at a crucial time as Kenya accelerates the growth of its Digital Economy through the Digital Superhighway.

Kenya Strengthens Digital Safety with New Computer Misuse and Cybercrimes Law

The law introduces stricter penalties for serious offenses, including cyber fraud, hacking, identity theft, cyber harassment, and exploitation of minors. 

Depending on the offense, penalties include fines ranging from Ksh 300,000 to Ksh 20 million, imprisonment of 6 months to 10 years, or both.

Individuals who attempt or prepare to commit cybercrimes are also liable to fines of up to Ksh 7 million, imprisonment of up to 4 years, or both. Those who aid or abet cybercrime face the same penalties.

Social media use remains protected. Criticism, opinion, or satire of the government is not an offense under the law.

The use of digital platforms to commit or promote criminal activity, such as spreading terrorism content, impersonating others, or unlawfully leaking private data, is punishable.

Freedom of expression remains guaranteed under the Constitution, with the law targeting criminal misuse of technology, including child pornography, extremist propaganda, and online fraud.

Also Read: Court Suspends Sections of the Computer Misuse and Cybercrimes Act

New Offenses Under the Amendment

The amendment introduces several new offenses and clarifications:

Cyber harassment: now includes acts likely to cause another person to commit suicide.

Communication offenses: extended to emails and phone calls, not just text messages.

Virtual assets, including digital property, virtual accounts, and cryptocurrencies, are now explicitly covered.

Promotion of unlawful activities: courts can order the removal or closure of websites promoting terrorism, child abuse, or cultism.

The law also guarantees judicial oversight. Government officials cannot remove content or shut down websites without a court order.

Section 46A ensures that content removal or website deactivation occurs only through court orders. In urgent cases, temporary measures may be taken, but permanent action requires judicial approval to prevent abuse of power.

The amendment to Section 6 only allows the state to act if it is proved that a website or app promotes unlawful activities, inappropriate sexual content involving minors, terrorism, religious extremism, or cultism.

The National Computer and Cybercrimes Coordination Committee (NC4) coordinates Kenya’s response to cyber threats, bringing together law enforcement, intelligence, and regulatory agencies.

The committee does not censor or prosecute content; its role is technical and coordination-based.

Also Read: PS Omollo Defends New Cybercrimes Law, Details Actions That will Be Criminalized

Other protections in the law include:

Phishing —creating fake websites or sending deceptive messages to gain unauthorized access — is punishable by fines up to Ksh 300,000, imprisonment of up to 3 years, or both.

Disobeying court orders on cyber harassment: penalties include fines of up to Ksh 1 million, imprisonment of up to 6 months, or both.

Cyber harassment: communicating in a way that causes fear, harm, or is indecent/offensive is punishable by fines up to Ksh 20 million, imprisonment up to 10 years, or both.

For ordinary Kenyans, the law means protection from online fraud, identity theft, cyberbullying, extortion, child exploitation, and terrorism propaganda.

It does not limit online expression, satire, or opinion, and does not allow the government to spy or censor content without a court process.

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