The government has taken bold steps to strengthen its fight against online crime and digital abuse following the enactment of the Computer Misuse and Cybercrimes (Amendment) Act, 2025.
The new law introduces far-reaching changes designed to address emerging threats such as cyber fraud, digital terrorism, identity theft, and harmful online content, positioning Kenya among African nations taking a firm stand against the misuse of technology.
The amendments expand the original 2018 legislation, reflecting the rapid evolution of cyberspace and the growing sophistication of online criminal activity.
Among the most significant changes is a new power allowing authorities to shut down websites or mobile applications found to promote unlawful activities, child sexual content, terrorism, religious extremism, or cultism.
Under Section 6 of the amended law, an authorised agency can now issue a directive to make such platforms inaccessible to the public.
This provision marks a turning point in Kenya’s digital regulation, enabling faster intervention against harmful online content that threatens national security or morality.
The Act also modernises several legal definitions to reflect the realities of the digital age.
Key new terms such as cybercrime, computer misuse, virtual account, digital asset, and identity theft have been added.
The definition of asset now includes virtual property and goodwill, whether held in Kenya or abroad, an important step for tracing and recovering illicitly acquired digital assets such as cryptocurrency.
The inclusion of “identity theft” as a specific offence underscores the growing concern over the misuse of personal data.
The law now explicitly covers unauthorised use of another person’s identification number, SIM card, bank account details, password, or other subscriber information.
This gives law enforcement agencies broader grounds to investigate and prosecute digital fraudsters and data thieves who have exploited gaps in the previous framework.
In a major move to protect vulnerable internet users, Section 27 of the principal Act has been expanded to include acts that are “likely to cause a person to commit suicide.”
This amendment is aimed at tackling severe forms of cyberbullying, online harassment, and digital intimidation that have led to mental distress or suicide cases, particularly among young people.
A person who communicates to an individual, or anyone connected to them, whose conduct is likely to cause violence against them, property damage, or detrimentally affects them, will be liable to a fine not exceeding Sh20 million or imprisonment for a term not exceeding ten years, or both.
Additionally, Section 30 now covers communication through emails and phone calls, extending existing penalties for spreading false or misleading information.
This ensures that fraudulent calls, spam emails, and phishing scams fall squarely within the scope of the cybercrime law.
This offence will attract a fine not exceeding Sh300,000 or imprisonment for a term not exceeding three years or both if they create or operate a website, or send a message through a computer system, "with the intention to induce the user of a website or the recipient of the message to disclose personal information for an unlawful purpose."
Perhaps the most consequential addition is the new Section 46A, which empowers courts to order the removal of illegal online content or even deactivate websites, systems, or devices used to promote terrorism, child exploitation, or extremist propaganda.
The section also allows investigators to apply for such orders before conviction if there is a reasonable belief that a digital platform is being misused.
President William Ruto assented to the bill last Wednesday, October 15, making it a law.
"Today, at State House, Nairobi, I had the honour of assenting to eight Bills passed by the National Assembly into law," Ruto said.
"With my assent, these laws now become part of the Statutes of the Republic of Kenya, reinforcing our collective commitment to address historical injustices, entrench equity and transparency, and accelerate our national development and transformation agenda."
The amendment bill was sponsored by Wajir East MP Aden Mohamed.
