State wants complete review of computer, cybercrime law

Broadcasting and Telecommunications PS Prof. Edward Kisiang'ani when he appeared before Committee on Communication, Information, and Innovation/HANDOUT

Broadcasting and Telecommunications PS Prof. Edward Kisiang'ani has recommended a complete review of Computer Misuse and Cybercrimes Act, 2018.

Appearing before Committee on Communication, Information, and Innovation chaired by Dagoretti South MP John Kiarie, the PS said responsibilities related to cybercrime should be clearly delineated.

He explained that the Ministry of Interior and National Administration should handle cybercrime prosecution, while the Ministry of ICT and Digital Economy should oversee cybersecurity matters.

“This division would eliminate uncertainties over mandates and ensure a more coordinated approach to dealing with digital threats,” he said.

Committee had met with stakeholders to deliberate on Wajir West MP Aden Mohammed’s proposed amendments to the Computer Misuse and Cybercrimes (Amendment) Bill, 2024.

The meeting brought together representatives from the Ministry of ICT and the Kenya Alliance of Residents Associations (KARA) to discuss the implications of the proposed changes.

Kiarie raised a concern that the proposed amendments might be politically motivated.

He questioned whether the Bill was a response to increasing online criticism of the government.

“Is this a knee-jerk reaction to unfavorable comments on social media about the government? Will media houses be shut down for being critical of the government?” he asked pointedly.

In response, PS Kisiang’ani refuted any claims that the bill was intended to silence critics, instead framing it as a necessary step toward national cybersecurity.

“This is a private member’s Bill. The law allows that we interrogate it. It doesn’t need to come from the government if it’s for the good of Kenyans. The role of government isn’t to threaten citizens, but to listen to them. The government isn’t dealing with citizens who are criticising it. If you don’t listen to your citizens, you will find yourself in a mess,” he stated.

The Committee took note of the recommendations made by the Sector Working Group, which called for the development of a National Cybersecurity Policy to address growing cyber threats.

Other proposals included the establishment of a National Cyber Security Agency (NCSA) to serve as Kenya’s primary cybersecurity point of contact, as well as the creation of a Cyber Police Unit to investigate and prosecute cybercriminals.

The session also heard from KARA’s CEO, Henry Ochieng, who underscored the need to balance digital freedoms with online safety.

“Cyberbullying is a big challenge that even leads to suicide. How do we balance between protection of freedom of rights and protection of people? We need to differentiate between civil liability and criminal liability. We need to strengthen our defamation law to help mitigate cyberbullying,” he stated.