The National Assembly Committee on Communication, Information, and Innovation (CII) convened to discuss proposed amendments to the Computer Misuse and Cybercrimes (Amendment) Bill, 2024, sponsored by Aden Mohammed.
The meeting, chaired by Hon. John Kiarie, brought together key stakeholders, including representatives from the Ministry of ICT and the Kenya Alliance of Residents Associations (KARA), to examine the potential impact of the changes.
During the session, Principal Secretary for ICT, Edward Kisiang’ani, called for a comprehensive review of the Computer Misuse and Cybercrimes Act, 2018.
He proposed that cybercrime prosecution should fall under the Ministry of Interior and National Administration (MINA), while cybersecurity matters should be handled by the Ministry of ICT and Digital Economy (MICDE).
This division, he argued, would provide clear mandates and foster a coordinated approach to tackling digital threats.
However, concerns were raised over the motivation behind the proposed amendments. Hon. Kiarie questioned whether the bill was a response to mounting online criticism of the government.
“Is this a knee-jerk reaction to unfavorable comments on social media about the government? Will media houses be shut down for being critical of the government?” he asked.PS Kisiang’ani dismissed claims that the bill sought to suppress dissent, insisting it was a necessary step toward strengthening national cybersecurity.
“This is a private member’s bill. The law allows that we interrogate it. It doesn’t need to come from the government if it’s for the good of Kenyans. The role of government isn’t to threaten citizens, but to listen to them. Government isn’t dealing with citizens who are criticizing it. If you don’t listen to your citizens, you will find yourself in a mess,” he stated.
The Committee also reviewed recommendations from the Sector Working Group, which proposed the development of a National Cybersecurity Policy to address growing digital threats. Other suggestions included establishing a National Cyber Security Agency (NCSA) as Kenya’s primary cybersecurity authority and creating a specialized Cyber Police Unit to investigate and prosecute cybercriminals.
KARA CEO Henry Ochieng highlighted the importance of balancing digital freedoms with online safety. He noted that cyberbullying had become a major concern, sometimes leading to tragic consequences such as suicide.
“We need to differentiate between civil liability and criminal liability. Strengthening defamation laws could help mitigate cyberbullying,” Ochieng said.
KARA further proposed that websites found violating digital rights should have unlawful content removed upon court orders, rather than simply being taken down.
As deliberations continued, the Committee pledged to thoroughly assess the amendments to ensure they do not infringe on press freedom or criminalize legitimate online discourse.
