By TWV Team
A growing chorus of legal experts, civil society organizations, and media regulators is calling for an urgent review of the Computer Misuse and Cybercrimes (Amendment) Bill 2024, citing excessive fines and ambiguous provisions that could significantly curtail constitutional freedoms.
The Bill, currently under parliamentary consideration, proposes punitive fines ranging from KSh 5 million to KSh 20 million for offences related to cybercrime. However, critics argue that the legislation is being weaponized to silence dissent, intimidate journalists, and restrict digital freedoms under the guise of protecting cybersecurity.
“It is fundamental for the Bill to protect the rights and liberties of individuals in a democratic society, rather than use punitive penalties as tools of suppression,” said Kiragu Wachira, a legal and policy expert.
Wachira further argued that criminalizing defamation is a dangerous precedent and urged Parliament to treat such matters as civil disputes governed by the Defamation Act. He recommended reducing penalties to no more than KSh 200,000 and imprisonment of no more than one year to align the law with constitutional guarantees of free speech and expression.
The Bill also touches on issues of data privacy, data protection, and human rights, prompting Wachira to call for the inclusion of the Data Commissioner, as well as representatives from the Kenya National Commission on Human Rights (KNCHR) and the National Gender and Equality Commission (NGEC) on the National Computer and Cybercrimes Coordination Committee. He emphasized the need for representation for persons with disabilities to ensure inclusive policymaking.
