The government has strongly defended the recent amendment to the Computer Misuse and Cybercrimes Act, which introduced tougher measures such as a fine of Sh20 million or a jail term of ten years for culprits.
Government Spokesperson Isaac Mwaura stated that although misinformation and disinformation about the law have been widely circulated, the intention behind the changes is to protect children from pornography and obscene material on social media.
In a weekly briefing on Thursday, the Spokesperson reiterated that the Kenya Kwanza administration of President William Ruto was not seeking to use the amendments to curtail the freedom of Kenyans.
“They strengthen Kenya’s capacity to combat real and growing threats such as child pornography, online extremism, terrorism propaganda, cyber-harassment, identity theft and financial fraud,” Mr Mwaura said.
However, the Spokesperson said that the power that is given to the National Computer Cybercrimes Coordination Committee to render a website or any application inaccessible is subject to judicial review.
“This approach mirrors international best practices where governments have enacted similar frameworks to protect citizens, especially children, from harmful and extremist content.”
“The freedoms of expression and media under Articles 33 and 34 remain intact, subject only to limitations prescribed by the law in the interest of national security, public safety and morality.”
His address comes amid the High Court’s injunction to the amendments following an urgent application that was filed to challenge the amendments.
According to the petition, the government was allegedly seeking to curtail the freedom of expression using the changes.
At the same time, Mr Mwaura warned Kenyans using social media platforms that body shaming someone based on their looks would likely end them in courts based on Article 54 of the Constitution.
“It is extremely uncouth, it is uncalled for and those so-called challenges on TikTok and other forums are really out of taste, in bad manners and it reflect very badly in those who are doing them in terms of upbringing…this is a county of equality and there should be no form of discrimination or cyber bullying based on one’s ability, gender.”
The government has also dismissed recent comments made by Nyeri Governor Mutahi Kahiga regarding the death of former Prime Minister Raila Odinga, stating that the relevant investigative authorities should be knocking on his door for further action.
Additionally, the government said that the Amendment Act and the National Land Commission (Amendment) Act, which President Ruto inked into law, will not take away the land from Kenyans as alleged but will stop the grabbing of community lands.
“The Land (Amendment) Act mandates the Chief Land Registrar to register and gazette all public land allocated to public bodies or set aside by developers for schools, hospitals and other amenities. This prevents land grabbing and misuse of land earmarked for community benefit.”
On the Privatisation Act, the Spokesperson stated that changes would strengthen, rather than weaken, oversight and accountability by demanding approvals from both the Cabinet and the National Assembly.
“The law introduces multiple layers of scrutiny, including publication of proposed privatisation methods, whether through Initial Public Offers (IPOs), public tenders or pre-emptive rights, ensuring transparency and preventing the unilateral disposal of national assets.”
