President William Ruto signed the Computer Misuse and Cybercrimes (Amendment) Act, 2024, into law on October 15, 2025, expanding definitions of cyber offenses and empowering authorities to restrict online content. The law aims to combat emerging digital threats but has sparked criticism for potentially curbing constitutional freedoms. Former Chief Justice David Maraga has endorsed court challenges against it.
The Computer Misuse and Cybercrimes (Amendment) Act, 2024, amends the existing Cap 79C to address modern digital risks. Published by the National Assembly on August 9, 2024, the bill underwent public participation and review by the Departmental Committee on Communication, Information, and Innovation, incorporating inputs from civil society and industry leaders. It passed on October 8, 2025, before President Ruto's assent on October 15, 2025.
Key changes broaden phishing, cyber harassment, and identity theft definitions to include fraudulent phone calls and unauthorized SIM swaps. Section 42A criminalizes willful unauthorized alteration of a SIM-card for fraudulent intent, with penalties of a fine up to Ksh200,000, imprisonment up to two years, or both. Cyber harassment now covers conduct likely to induce suicide, carrying fines up to Ksh20 million, up to 10 years in prison, or both. The law prohibits electronic promotion of terrorism, extreme religious practices, and false information causing public panic.
It introduces critical information infrastructure (CII) for sectors like banking, energy, and telecoms, mandating data localization, annual risk assessments, and Cybersecurity Operations Centres, aligning with Gazette Notice No. 44 from February 2024. Service providers must preserve and share user data for investigations. The National Computer and Cybercrimes Co-ordination Committee can direct inaccessibility of websites promoting unlawful activities, child pornography, or extremism, with courts able to order content removal post-prosecution.
Lawmakers assert the amendments preserve constitutional freedoms. However, critics like David Maraga, speaking at a Nairobi press briefing on October 21, 2025, called them unconstitutional, citing rushed assent to preempt court challenges. "The government knows people are going to court. They are moving with speed so that by the time we obtain court orders, events will have overtaken us," Maraga said. He warned of powers to shut down platforms like Facebook without judicial oversight and backed legal actions by civic groups. Ruto described the laws as reinforcing equity and transparency, though his statement was later removed from X.
This act was one of eight bills signed, including the Privatisation Bill, 2025, but the cybercrimes amendment has drawn the sharpest scrutiny for balancing security against free speech.