DCI gets Sh100m to monitor social media as new law seeks more powers

A storm is brewing over the government’s plan to spend Sh100 million on spyware to monitor Kenyans’ digital activities, just as lawmakers prepare to debate a controversial communications Bill seen as a threat to privacy and free speech.

The National Assembly has approved the budget allocation for the Directorate of Criminal Investigations (DCI) to acquire Optimus 3.0, a software tool that can hack into and monitor social media accounts and internet usage.

The spyware, a malicious programme that operates without a user’s consent, is designed to access devices, collect personal data, and transmit it to third parties.

It can even break into encrypted communications. Critics say this move violates the Data Protection Act and opens the door for government surveillance of SIM-card users and internet subscribers without oversight.

The allocation is part of the 2025/26 budget estimates and comes ahead of the Kenya Information and Communication (Amendment) Bill, 2025, sponsored by Aldai MP Marianne Kitany.

The Bill proposes to grant sweeping powers to the Cabinet Secretary for Information to monitor digital communication and demand data from Internet Service Providers (ISPs), telecom operators and cyber firms.

The proposal has triggered strong opposition from former National Assembly Speaker and former Public Service Cabinet Secretary Justin Muturi, who suggested that surveillance is already happening.

“They’re already snooping on Kenyans. The Bill seeks to regularise an illegality already in force,” said Muturi. “This is clear evidence that President Ruto is determined to roll back the freedoms Kenyans fought so hard for.”

Muturi warned that the administration is veering toward authoritarianism.

“The President wants to take Kenya back to the dark days – he’s nostalgic for the trappings of dictatorship and the imperial presidency of the past,” he added.

Nairobi-based lawyer David Ochami echoed those concerns, saying the spyware and the Bill are a serious threat to free expression and privacy under the Constitution.

If passed, the law would also introduce metered billing for internet services. Clause 3 of the Bill proposes amending Section 27A of the Kenya Information and Communication Act to require ISPs to assign each user a unique identifier and monitor usage in real-time.

“The Bill seeks to require ISPs to develop and deploy quality metered billing systems capable of monitoring customer usage, translating it into readable data, generating invoices based on consumption, and aligning metrics with the value of services used,” it says.

Another concern is the Bill’s potential to override the role of the Media Council of Kenya in regulating media. Critics argue it would add a new surveillance layer under government control.

Meanwhile, the Council has been allocated Sh300 million to fund its content regulation work and support ICT media centres.

With the spyware funds and legal changes looming, civil liberties groups fear Kenya may be headed into a new era of digital surveillance that undermines constitutional protections.