The government will soon be able to issue directives to make websites or mobile phone applications inaccessible in Kenya if a State agency deems them to be involved in illegal activities, child pornography, terrorism or extreme religious and cultic activities, if a proposed bill becomes law.
The proposed Computer Misuse and Cybercrime (Amendment) Bill, 2024 seeks to give the National Computer and Cybercrimes Co-ordination Committee an additional function which includes the issuance of directives for the blockage of such sites after they deem them in contravention, based on the four considerations.
“Clause 3 of the Bill seeks to amend Section 6 of the Act to give the National Computer and Cybercrimes Co-ordination Committee an additional function which includes issuing directives on websites and applications that may be rendered inaccessible within the country where the website or application promotes illegal activities, child pornography, terrorism, and extreme religious and cultic practices,” the Bill states.
The Bill sponsored by Wajir East MP Adan Mohamed amends the Computer Misuse and Cybercrime Act, Cap 79C to expand the scope of offences of cyber harassment, phishing, and anauthorised SIM swap.
In the Bill, individuals who use their phones or computers to cause fear of violence, apprehension, or spread offensive messages risk Sh20 million fine or 10 years in jail If MPs approve the Bill that seeks to tighten laws on cybercrime.
“A person who, individually or with other persons, willfully communicates, either directly or indirectly, with another person or anyone known to that person, commits an offense if they know or ought to know that their conduct is likely to cause those persons apprehension or fear of violence to them or damage or loss on that person property or detrimentally affects that person or in whole or part, of an indecent or grossly offensive nature and affects the person,” the Bill states.
“A person who commits an offense under subsection (1) is liable, on conviction, to fine not exceeding twenty million shillings or to imprisonment to a term not exceeding ten years, or to both.”
Mr Mohammed wants the law changed to impose Sh300,000 or three-year imprisonment for those who create or operate a website or send a message through a computer system with the intention to induce the user of the website or the recipient of the message to disclose personal information for an unlawful purpose or to gain unauthorised access to a computer system.
Those who knowingly and willfully aid or abet the commission of any offense under the Act commit an offense and are liable to a fine not exceeding Sh7 million or to imprisonment to a term not exceeding four years or to both.
“A person who knowingly and willfully attempts to commit an offense or does any act preparatory to or in furtherance of the commission of any offense under this Act commits an office and is liable, on conviction, to a fine not exceeding Sh7 million or to imprisonment for a term not exceeding four years or to both,” the Bill states.
Individuals who willfully cause unauthorised alteration and unlawfully take ownership of another person’s SIM-card with intent to commit an offense will be liable on conviction to a fine not exceeding Sh200,000 or imprisonment to a term not exceeding two years.
The Bill expands the current functions of the National Computer and Cybercrimes Co-ordination Committee to include advising the government on security-related aspects touching on matters relating to blockchain technology, critical infrastructure, mobile money, and trust accounts.
The committee will also advise the National Security Council chaired by the President on computer and cybercrimes and coordinate national security organs on matters relating to computer and cybercrimes.
Parliament has already approved the publication of regulations that will protect critical government infrastructure from cyberattacks.
The National Assembly Committee on Administration and National Security directed Interior Principal Secretary Raymond Omollo to gazette the Computer Misuse and Cyber Crimes Act of 2018 to make it operational.
The committee also approved the Computer Misuse and Cyber Crimes (Critical Information Infrastructure and Cybercrime Management) Regulations, 2024.
The new law provides for the designation of a system as a critical information infrastructure if a disruption of the system would result in the interruption of a life sustaining service, including the supply of water, health services, and energy, an adverse effect of the economy of the country, an event that would result in massive casualties or fatalities, failure or substantial disruption of the money markets and adverse and severe effect of the security of the republic including intelligence and military services.
The regulations come in the wake of increased cases of attempted hacking of government installations, telecommunications firms, and financial institutions.
The regulations seek to provide a framework for the protection of critical government infrastructure from cyberattacks. The regulations provide that every police station will have cyber security desks.
