The National Assembly has backed a government-backed plan to overhaul Kenya’s digital laws through a wide-ranging amendment that would grant authorities sweeping powers to shut down rogue websites, remove illegal content and tackle cybercrime.
The Computer Misuse and Cybercrimes (Amendment) Bill, 2024, now at its final legislative stage, sets out tough measures to counter identity theft, child exploitation, extremist propaganda, fake news, SIM card fraud and other online offences.
If enacted, the law would give courts and investigative agencies the power to block access to websites hosting unlawful content, order their closure, and compel offenders to take down harmful material.
Section 46A of the Bill gives courts wide discretion to approve deletion of content from digital platforms or devices, shut down offending sites, and authorise swift intervention in suspected cases.
A key change is that investigators will not have to wait for damage to occur before acting. Instead, they will be able to apply for court orders in advance to prevent the spread of illegal content.
The proposed law allows authorities to move against websites, apps and online platforms carrying child sexual material, extremist content, cult activities or operating criminal networks.
Those found responsible could be ordered to deactivate accounts, remove content or even shut down their devices. Authorities would also have the option to seek pre-emptive shutdowns if there is credible suspicion that a platform is being used for criminal purposes.
Debate in the House largely supported the Bill, with the only point of contention being whether “terrorism” should be included among offences that warrant website shutdowns. Some legislators warned that including this term could lead to misuse of the law.
Dagoretti South MP John Kiarie pushed for stronger safeguards to protect citizens from online fraud. The Bill broadens the scope of identity theft to include passwords and criminalises impersonation, phishing and data harvesting.
“What we are observing is that phishing is becoming the order of the day,” Kiarie warned.
“We seek to avert these increasing incidences of phishing which can be executed by use of hyperlinks... stealing identities, money and private information.”
The amendment also targets SIM card misuse, which has been a key driver of digital fraud. It seeks to prevent unauthorised SIM swaps and limit the number of unregistered lines held by individuals.
Lawmakers emphasised that online child exploitation has gone unaddressed for too long. The Bill includes new provisions to block websites and remove content involving minors in explicit material.
Dagoretti North MP Beatrice Elachi said the changes respond to pressure from international partners, including the European Union, which has criticised Kenya for failing to police digital child abuse.
“This comes to cure the challenge they have been telling us we have,” she said.
With broad parliamentary backing, the Bill now moves closer to becoming law, setting the stage for one of the toughest regulatory regimes for Kenya’s online space.