The Church and Clergy
Association of Kenya said yesterday the Computer Misuse and Cyber Crime (amendment)
Act, signed into law on October 15, is oppressive, draconian and anti-democratic, and could be abused by government
operatives to muzzle critics ahead of 2027 elections.
The church cannot keep
silent at a time when unconstitutional and oppressive laws are passed by Parliament, which derives its power from the people, the organisation said, led
by its national chairman Hudson Ndeda.
“We continue to
reiterate that the Computer Misuse and Cybercrime (amendment) Act contains sections
that are punitive and oppressive,” he said.
The Act amended the
Computer Misuse and Cybercrimes Act of 2018, making it the country’s comprehensive
law to prevent, detect and prosecute cybercrimes, and the changes are meant to
update it in light of the 2024 Gen Z protests.
The act aims to
protect computer systems and data, prevent misuse and facilitate international
cooperation.
Key amendments in the
2025 Act expand phishing protection to a wider range of communications and add
new court powers to order the removal of offending materials in certain cases
But the association is
concerned that in a society where young people utilise electronic gadgets to
agitate for better rights and earning a living through content, “the parliamentarians
were not mindful when passing this law”.
“The concern of the
church is that 2027 is approaching and having such a law in our country is not
good for the political climate,” Ndeda said.
"We also have noted
with concern the issue on religious extremism in the Religious Organisations Bill, 2024, which
in our view is open to abuse and will be used to persecute innocent clergy
serving the people of God. This targets online preaching and Christian TV content;
we strongly reject that."
"We laud the High Court
for issuing conservatory orders against the said law and we hope that justice
shall prevail."
They say having sailed
through Parliament, President Ruto should have vetoed it and proposed reviews
that would have preserved the fundamental freedoms protected in the
constitution.
Some sections of the
law have since been temporarily struck off by the High Court, pending
substantive determination.
At the same time, the
men of the cloth took issues with the provisions that seeks to curb religious
extremism in the country.
The government has
said the computer misuse law also sought to control radicalisation by
religious leaders that use digital platforms.
They say the Bill,
which incorporates some of the provision of a similar proposal last year, is
also open to abuse to target preachers and curtail their rights.
“We strongly oppose
the introduction of the Rev Mutava Musyimi Religious Bill, 2024, as it is; we
note that the same punitive fines and jail terms proposed in are the same being
introduced in the Computer Misuse and Cybercrime Bill.”
We kindly urge the President to intervene and ensure the said Religious Organisations Bill mirrors the proposal
made by the clergy from across the country, they said.
“The
constitution is clear that the state and religion shall be separate hence we
wonder why the government is keen on regulating religious institutions while
introducing punitive fines and jail term.”
Instant analysis
The church is
apprehensive that in the event this bill sees the light of day, the supposedly
fight against religious extremism will crack down on online preaching, target Christian
television content hence intimidate the clergy from discharging their duties.
