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EXPLAINER: Inside Computer Misuse and Cybercrimes Act: What Kenyans need to know

“This law is for your safety, not your silence. It ensures your data is secure and your rights are respected,” Kabogo said.

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by SHARON MWENDE

News18 November 2025 - 10:30
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In Summary


  • Some Kenyans have expressed concern that the amendments could curtail freedom of expression or be used to target critics.
  • “Freedom of expression remains fully protected. The law does not criminalise criticism, satire, political commentary or legitimate media work,” he said.
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Information Communication Technology Authority Cabinet Secretary William Kabogo during a media address on July 22 ,2025/WILLIAM KABOGO/X

The government has laid out major reforms to the country’s cybersecurity framework following the release of key highlights from the amended Computer Misuse and Cybercrimes Act.

In an exclusive interview published in MyGov, Cabinet Secretary for Information, Communications and the Digital Economy William Kabogo explained why the changes were necessary and what they mean for citizens, businesses, innovators and the broader digital ecosystem.

Kabogo said the digital environment had transformed dramatically since the original law was passed in 2018, creating both opportunities and vulnerabilities that required a modern legal response.

“Kenya’s digital landscape has evolved significantly since 2018. We now have broader fibre coverage, expanded digital services, thriving fintech innovations, and millions more citizens online,” he said.

“While this growth is welcome, it has also introduced new threats including SIM-swap fraud, identity theft, deepfakes, crypto scams, cyberbullying, child exploitation and extremist content.”

According to him, the 2025 amendment modernises the law to address these risks, safeguard citizens and ensure Kenya remains secure, innovative and globally competitive in the digital space.

Some Kenyans have expressed concern that the amendments could curtail freedom of expression or be used to target critics.

Kabogo dismissed these fears.

“Freedom of expression remains fully protected. The law does not criminalise criticism, satire, political commentary or legitimate media work,” he said.

“It targets criminal misuse of technology such as child exploitation, identity theft, online harassment and the promotion of terrorism.”

He added that the government’s ongoing investments in digital infrastructure, including 100,000 kilometres of fibre, 1,450 digital hubs and 25,000 public Wi-Fi hotspots, clearly demonstrate a commitment to expanding digital access rather than restricting it.

“Our goal is safety, not censorship,” he said.

Kabogo also clarified that the government cannot arbitrarily shut down websites under the amended law.

“The law does not permit arbitrary shutdowns. Any removal of content or deactivation of websites must follow due process and, in most cases, requires a court order,” he said.

He explained that the amendment only provides a mechanism to act against websites promoting child sexual abuse, terrorism, cultism or unlawful activities, and even then such action must be supported by evidence and judicial oversight.

On privacy concerns, Kabogo said the amendment provides no new surveillance powers.

“Absolutely not. The amendment does not introduce new surveillance powers. Any search, seizure, or access to personal data still requires a court order,” he noted.

“In fact, the law enhances privacy protections by clarifying procedures and adding safeguards.”

He added that Kenya is working toward EU Data Adequacy status and observer status under Convention 108, both of which require strong data protection standards.

The amendment also introduces new offences and clearer definitions to address modern cyber threats.

These include expanded cyber harassment provisions covering behaviour likely to cause self-harm or suicide, explicit recognition of phishing through fraudulent emails and voice calls, and a clearer definition of identity theft including misuse of SIM cards, bank cards and digital accounts.

Others include recognition of virtual assets and digital accounts to support action against crypto-related fraud, and provisions allowing courts to order the removal of harmful content or deactivate criminal websites.

“These updates offer stronger protection against modern forms of online harm,” Kabogo said.

Kenya recently detected more than 842 million cyber threat events.

Kabogo said this figure underscores why robust cybersecurity systems are essential.

“Kenya’s readiness has improved significantly. We have a strengthened CERT-Kenya, an active NC4 coordinating security agencies and regulators, and sector-specific cyber units in finance, health, defence, energy and telecoms,” he said.

He added that the amendments reinforce this ecosystem by providing clearer mandates, tougher penalties, and faster response protocols.

A key part of the reforms is the proposed National Cyber Security Agency (NCSA), which Kabogo described as a modern and well-resourced authority.

“The NCSA will coordinate cybersecurity across ministries and critical sectors, host the National Cybersecurity Operations Centre, set standards, accredit training and enforce compliance,” he said. 

“It will enhance Kenya’s digital sovereignty and resilience.”

Kabogo emphasised that the amended law will not hinder startups, innovators, researchers or ethical hackers.

Instead, he said they stand to benefit.

“Ethical hackers, researchers and innovators are not the target. Identity theft and data breaches disproportionately affect small enterprises. Stronger laws make Kenya’s cloud, fintech, and data environments more attractive to investors,” he said.

 “Kenya’s ambition to be Africa’s secure digital hub depends on a safe, enabling environment for innovation.”

On alignment with international standards, Kabogo noted that Kenya is moving closer to the Budapest Convention on cybercrime and Convention 108 on data protection.

“Accession to the Budapest Convention enhances cross-border cooperation in investigating cybercrime. Joining Convention 108 demonstrates Kenya’s commitment to privacy, responsible data use, and global trust,” he said.

His message to Kenyans unsure about the reforms is clear.

“This law is for your safety, not your silence. It protects you from fraud, extortion, identity theft, child exploitation, extremism, and digital abuse. It ensures your data is secure, your rights are respected and your online environment is safer,” he said.

“We are building a trusted, inclusive and globally competitive digital economy that empowers citizens, businesses, innovators and youth.”

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