by Jill Achieng and Duncan Ngetich,<\/p>\n
For James Abihu, a digital rights activist , the internet has always been his platform. a space to express himself , make a living, and share opinions. But with Kenya\u2019s new Computer Misuse and Cybercrimes (Amendment) Act, 2024, that freedom suddenly feels uncertain.
\nEarlier this month, Parliament passed sweeping changes to the country\u2019s cyber laws, granting the government broader powers to police the internet. President William Ruto assented to the bill on October 15, 2025, at State House paving way for the far-reaching changes to take effect.
\nYet behind that shield, critics see something more troubling. A growing shadow over free speech and privacy. The provision allowing The National Computer and Cybercrimes Coordination Committee, a body composed largely of security officials, to declare websites inaccessible without court approval is concerning as it is damning. For ordinary Kenyans, implications are stark.
\n\u201cThe power to block websites though meant to curb harmful online content could easily be misused without strong oversight,\u201d says James a digital rights activist with the Centre for Intellectual Property & Information Technology Law (CIPIT). He warns that the Bill may unintentionally open the door to silencing dissenting voices. Abihu notes that countries with similar laws have seen such tools turned against critics, bloggers, and whistle-blowers, raising fears that Kenya could follow the same path if safeguards are not put in place. He argues that any move to shut down websites must be transparent, legally justified, and used only as a last resort to protect Kenya\u2019s democratic space from unnecessary erosion.
\nAbihu insists that Kenya can tackle cybercrime while still protecting digital freedoms. He emphasizes that cybersecurity measures should focus on genuine threats such as fraud and exploitation,Since he has been a victim of cyber fraud and not on silencing uncomfortable opinions. For him, the solution lies in judicial oversight, accountability, and empowering citizens through digital literacy. \u201cA secure digital environment and a free digital environment must coexist,\u201d he says, urging policymakers to strengthen protections so that the fight against cybercrime does not become a fight against free expression.
\nJonathan Chemwoi, a cybersecurity expert in the legal corridors worries that the law\u2019s vague language and lack of of judicial oversight could lead to arbitrary enforcement and criminalisation of legitimate public discourse. In our sit-down interview, he expressed his reservations on the ambiguous nature of the law and the threats it would have on freedom of expression. He had this to say. \u201cThe lack of precise definitions in the law particularly around terms like \u201cfalse information\u201d or \u201ccyber harassment\u201d creates confusion for everyone. Journalists, bloggers, and whistleblowers may self-censor for fear of prosecution, even when their content serves the public interest.\u201d Kenyans on Twitter commonly to referred to as \u201cKOT\u201d have expressed their concerns on why the government is so eager to have these laws enforced without court orders. I posed this question to Mr Jonathan, and he was of the same opinion that lack of a judicial oversight poses greater legal and ethical implications. He expressively stated that court oversights are there to ensure proportionality and fairness in enforcement. Without it, as a country, we risk normalizing arbitrary arrests, and digital profiling all of which violate constitutional rights. \u201cEthically, it raises questions about consent, privacy, and the balance between national security and civil liberties. The law must be anchored in transparent processes to prevent abuse and protect citizens from state overreach.\u201d He posed.
\nA May 2022, expert roundtable, by the Africa Centre for Strategic Studies to discuss Africa\u2019s rising cyber-related security sector governance challenges echoed just as crucially, many of the changes in security provision resulting from government and security actor responses to cyber-enabled threats are undermining the accountability and oversight aspects of security sector governance. For example, some participants recognized that the rapid expansion of security sector surveillance capabilities may offer states a tactical advantage in combatting cyber-enabled threats from non-state actors. However, particularly in countries with limited oversight of the security sector, they are consistently used to undermine press freedoms, invade privacy, and stifle political opposition. State and security sector actors have been able to acquire expanded surveillance capabilities through the acquisition of commercial malware that enable \u201cremote-control hacking\u201d by police, intelligence, military, and other law enforcement officials. The forum found such laws include vague definitions of cybercrime, disinformation, or hate speech that give security sector actors wide discretion in choosing whom to arrest or detain. Similar patterns emerged in Uganda, where vague cyber harassment provisions were weaponised against critics while actual cybercriminals continued operating.
\nBesides the cyber laws, Kenyans continue to grapple with cyber fraud. Digital scams have surged in recent years, targeting mobile money users and online businesses. SIM swap fraud has become a pandemic, with Safaricom customers losing million as fraudsters hijack phone numbers to access mobile money. For James, he has been on the receiving end to the unforgiving nature of the online world; one as a digital activist as he earlier alluded and as a victim of cyber fraud. He painfully admits that he has lost money twice through fake investment pages and his MPESA savings account get hacked. He reported the matter to the police but never got any feedback. Repeated follows up, yielded no result. His hope is that the new laws addresses pressing concerns, expressing concern that genuine Kenyans like him, trying to make a living online are being criminalised and harshly penalised for expressing their opinions, yet criminals who run phishing schemes that steal actual money get away leniently.
\nFor Elizabeth Kwamana, a Kenyan entrepreneur, she believes the cyber laws will make kenyans online be more cautious online with what they comment. \u201cCases of cyber bullying have been a topic of discussion with the rising of social media. Kids who are below the age of 18 read comments that are not appropriate for their age group.\u201d Elizabeth also insists that the new social media era can be both beneficial and harmful thus the laws. \u201c Back in my day, say one thing about the president and you\u2019d be in big trouble. You young people are so lucky you get to voice out your opinions and have no consequences. Everything you say online has consequences.\u201d Elizabeth concludes.
\nFor now, the conversation is far from over. Constitutional petitions challenging the law have been filed in court. These petitions offers a litmus assignment to whether courts will allow this law to stand or strike down its most egregious provisions.
\nAs Kenya embraces the digital era, the Cybersecurity Bill has drawn mixed reactions seen by some as essential for curbing online harm and by others as a potential threat to free expression. The real test will lie in how the law is implemented. Kenya must strike a careful balance between protecting citizens from cybercrime and safeguarding the freedoms that define its democratic space.<\/p>\n","protected":false},"excerpt":{"rendered":"
by Jill Achieng and Duncan Ngetich, For James Abihu, a digital rights activist , the internet has always been his platform. a space to express himself , make a living, and share opinions. But with Kenya\u2019s new Computer Misuse and Cybercrimes (Amendment) Act, 2024, that freedom suddenly feels uncertain. Earlier this month, Parliament passed sweeping […]<\/p>\n","protected":false},"author":2,"featured_media":10757,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-10756","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-features"],"_links":{"self":[{"href":"https:\/\/invo.nyarango.me\/index.php\/wp-json\/wp\/v2\/posts\/10756","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/invo.nyarango.me\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/invo.nyarango.me\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/invo.nyarango.me\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/invo.nyarango.me\/index.php\/wp-json\/wp\/v2\/comments?post=10756"}],"version-history":[{"count":0,"href":"https:\/\/invo.nyarango.me\/index.php\/wp-json\/wp\/v2\/posts\/10756\/revisions"}],"wp:attachment":[{"href":"https:\/\/invo.nyarango.me\/index.php\/wp-json\/wp\/v2\/media?parent=10756"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/invo.nyarango.me\/index.php\/wp-json\/wp\/v2\/categories?post=10756"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/invo.nyarango.me\/index.php\/wp-json\/wp\/v2\/tags?post=10756"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}