By Erestinah Jane, June 30, 2026
President William Ruto officially signed the Computer Misuse and Cybercrimes (Amendment) Act, 2024 into law on Wednesday, October 15, 2025, introducing sweeping changes to Kenya’s cybercrime legal framework and significantly expanding the powers available to authorities in combating online offences.
The new law amends the Computer Misuse and Cybercrimes Act, 2018, with the government saying the changes are intended to strengthen the country’s ability to address emerging cyber threats, online fraud, digital harassment, cyber terrorism and the misuse of communication technologies.
However, the legislation has generated intense debate, with digital rights organisations, media groups, lawyers and civil society organizations arguing that some provisions could restrict freedom of expression and be used to target critics of the government.
One of the most significant amendments is the revision of Section 27, which deals with cyber harassment.
Under the amended law, it is an offence to knowingly publish, transmit or distribute electronic communication considered grossly offensive, indecent, obscene or intended to intimidate, threaten or cause severe emotional, psychological or mental distress to another person.
Anyone convicted under the provision faces a fine of up to KSh20 million, imprisonment for a term not exceeding 10 years, or both.
The government argues that the amendment is necessary to address the increasing cases of cyberbullying, online abuse, digital stalking and coordinated harassment conducted through social media and other electronic platforms.
The Act also strengthens government powers to respond quickly to harmful online content.
Under the amendments, courts and the National Computer and Cybercrimes Coordination Committee (NC4) may issue orders requiring internet service providers, online platforms or relevant service providers to remove, disable access to or block digital content associated with terrorism, violent extremism, child sexual exploitation, cybercrime or other offences specified under the Act.
The government says these provisions are intended to enable faster intervention against dangerous online material before it causes widespread harm.
Another major addition is the introduction of Section 42A, which specifically criminalizes SIM-swap fraud.
The offence targets individuals who unlawfully alter, duplicate, clone or interfere with SIM card information or telecommunications data to gain unauthorized access to mobile money accounts, banking services or personal information.
Conviction may attract a fine of up to KSh5 million, imprisonment for up to 10 years, or both.
The amendments also impose tougher penalties against phishing schemes, identity theft and online fraud.
Individuals who create or distribute fraudulent electronic communications, malicious links or deceptive websites designed to steal personal information or financial credentials face lengthy prison terms depending on the nature and scale of the offence.
The Act further criminalizes the intentional dissemination of false or misleading digital information where prosecutors can demonstrate that such communication caused public panic, disrupted public order or endangered national security.
Government officials have argued that these provisions are aimed at combating misinformation campaigns, organized cybercrime and online scams that have increasingly targeted businesses, financial institutions and members of the public.
Despite its enactment, parts of the amended law are already facing legal challenges.
Shortly after President Ruto assented to the legislation, the High Court issued interim conservatory orders suspending the implementation of portions of Section 27 following petitions filed by gospel musician Reuben Kigame and the Kenya Human Rights Commission (KHRC).
The petitioners argue that several provisions of the law are unconstitutional because they are overly broad and vague, particularly the language relating to false, misleading and fictitious information.
According to the petition, the wording could be interpreted broadly enough to criminalize legitimate journalism, whistleblowing, satire, political criticism and public commentary protected under the Constitution.
Civil society organizations have also questioned the legislative process that led to the enactment of the law.
Some petitioners argue that because the legislation affects county governments and constitutional rights, it ought to have undergone bicameral consideration involving both the National Assembly and the Senate before being presented for presidential assent.
The Attorney General and the government have defended the amendments, maintaining that the law provides essential tools for protecting Kenya’s digital space from increasingly sophisticated cyber threats while balancing individual rights through judicial oversight.
The constitutional petitions remain pending before the High Court, meaning the judiciary will ultimately determine whether the contested provisions comply with Kenya’s Constitution and the protections afforded to freedom of expression, media freedom and access to information.
