Human Rights Watch warned on Thursday that amendments to Kenya’s cybercrime law risk criminalizing legitimate online speech.
The amendments, assented to on October 15 and published by Parliament on November 4, increase penalties for certain offences, broaden the government’s investigative and enforcement powers, and expand the authority of the National Computer and Cybercrimes Coordination Committee to order internet service providers to block or take down online content.
Human Rights Watch said the amendments could be weaponized against journalists and activists because of their overly broad definitions.
Critics argue these standards are incompatible with Kenya’s obligations under the International Covenant on Civil and Political Rights, which guarantees freedom of expression subject only to narrowly defined restrictions.
The law has already faced legal setbacks.
Following a petition by musician Reuben Kigame and the Kenya Human Rights Commission, the High Court suspended enforcement of Section 27 on cyber-harassment pending a constitutional review.
Petitioners argued that the section violates Articles 33 and 34 of Kenya’s Constitution, which protect freedom of expression and media independence.
The Kenya ICT Action Network (KICTANet), a multi-stakeholder think tank and advocacy network for ICT policy and regulation, expressed concern that granting the government power to block websites and mobile applications could undermine Kenya’s open and competitive digital ecosystem.
In its policy commentary, KICTANet urged the state to adopt transparent, multi-stakeholder processes to ensure that cybersecurity enforcement does not erode fundamental rights and digital freedoms.
Government officials defend the amendments as necessary to combat cybercrime, identity theft, and online scams.
The National Computer and Cybercrimes Coordination Committee (NC4), whose mandate was reinforced under the Computer Misuse and Cybercrimes (Amendment) Act, 2025, has stated that the law enhances investigative capacity and cooperation with internet service providers.
Proponents argue that with Kenya’s growing online economy, tighter regulation is vital for national security and consumer protection.
Yet digital-rights advocates contend that the reforms reflect a broader pattern of state overreach. Human Rights Watch previously cited Kenya in its World Report 2019 for police intimidation of journalists and arbitrary arrests over social-media posts.
# Critics warn that the new provisions could entrench these practices by expanding the government’s ability to police online expression, raising fears that the law may chill dissent ahead of upcoming local elections.
International observers are urging Kenya to align its cyber-laws with global rights standards.
The Freedom Online Coalition, of which Kenya is a member, emphasizes that online safety measures should not suppress free expression.
Similarly, the UN Human Rights Council’s Special Rapporteur report on freedom of expression emphasizes that cybercrime legislation should avoid vague terms that could be misused.
(Jurist)
