President William Ruto, on Wednesday, October 15, assented to the Computer Misuse and Cybercrimes (Amendment) Bill, 2024, officially making it law.
The new legislation introduces tough penalties for online misconduct, particularly cyber harassment, which has become increasingly common on social media platforms.
Under the law, a person commits cyber harassment if, alone or with others, they communicate—directly or indirectly—with another person in a manner that they know, or ought to know, could cause harm.
The offense includes online behavior that may:
- Make someone fear for their safety or the safety of their property;
- Cause emotional or reputational harm; or
- Be indecent or grossly offensive in nature.
Kenya Imposes Ksh 20 Million Fines and 10-Year Jail for Cyber Harassment
Anyone found guilty of cyber harassment faces a fine of up to Ksh 20 million, imprisonment for up to 10 years, or both.
The law also gives victims the right to seek protection through the courts. A person may apply for a court order to compel the offender to stop the offensive communication or to prevent others from assisting them in continuing such acts.
Courts can issue interim orders and are required to hear and determine such applications within 14 days. In urgent cases, an application can even be made outside normal court working hours, and an intermediary may apply on behalf of the complainant.
Additionally, the court may direct service providers to share subscriber information to help identify offenders behind the harassment.
Anyone who disobeys a court order under this section risks a fine of up to Ksh 1 million, six months in jail, or both.
Also Read: Govt Starts Crackdown on Social Media Users Hours After Ruto Signs New Law
Cyber Law Gives Govt Power to Block Websites, Shutdown Social Media Accounts
Beyond cyber harassment, the law also authorizes the government to take down content deemed illegal, whether posted on websites or digital devices such as mobile phones.
Illegal online activities include child pornography, terrorism-related content, and extreme religious or cultic practices.
The new law further empowers the government to apply for pre-emptive shutdowns of online platforms if investigators believe they are being used to facilitate criminal activity.
Further, the new law gives courts and investigative agencies the legal authority to block websites hosting illegal content, order their closure, and compel offenders to remove harmful material.
The new powers follow the introduction of Section 46A, which grants courts broad authority to order the deletion of content from digital devices or websites, shut down offending platforms, and approve urgent intervention in suspected cases.
Under this provision, investigators will no longer need to wait for harm to occur, as they now have the authority to act in court before illegal content spreads or goes viral.
“Where an authorised person believes that a computer system, website, or digital device is being used to promote illegal activities, child pornography, terrorism, or extreme religious and cultic practices, the authorised person may apply to court for an order for the removal of the content or materials from the computer system, website, or digital device,” reads part of the law.
“Computer misuse refers to the unauthorized use, modification, or access to a computer system, program, or data; and cybercrime refers to an offense committed through the use of information and communication technology to target networks, systems, data, websites, or technology, or to facilitate a crime.”
Also Read: 10 Common Offences That Could Land You in Jail
The bill, sponsored by Wajir East MP Aden Daudi Mohamed, was first published on August 9, 2024, and read for the first time in November of the same year.
The assent of the bill into law came after MPs approved it with various amendments proposed by the Departmental Committee on Information, Communication and Innovation, chaired by Dagoretti South MP John Kiarie.
In his submissions on the bill, Kiarie defended it, saying it would expand the definition of identity theft to include passwords and explicitly criminalize digital impersonation, data harvesting, and phishing.
Kiarie claimed that Kenyans spend up to four hours and twelve minutes online daily, making the country vulnerable to fake news, cyberbullying, and AI-generated disinformation.
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