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State agents to get power to shut electronic devices used for crime
State agencies will only need a court order to deactivate suspicious gadgets and sites.
Security-related State agencies will have the power to deactivate electronic devices, including mobile phones and computers, suspected of being used to promote illegal activities.
The State agents, will after securing a court order, move to effect closure or deactivation of the computer system, website, or digital devices they suspect are being used to promote child pornography, terrorism, or extreme religious activities and cultic practices.
The National Assembly’s committee on Communication, Information, and Innovation (CIIC) has proposed further amendments to the Computer Misuse and Cybercrimes (Amendment) Bill, 2024, to tighten loopholes that have been used for illegal activities.
“Notwithstanding section (1) an authorised person believes that a computer system, website or digital device is being used to promote illegal activities, child pornography, terrorism or extreme religious activities and cultic practices, the authorised person may apply to court for an order for removal of the content or materials from the computer system, website or digital device,” the new section 46A states.
“The authorised person may apply to court for an order for closure or deactivation of the computer system, website or digital device, or such other orders as may be necessary.”
The Computer Misuse and Cybercrimes Act, 2018 defines "authorised person" as an officer in a law enforcement agency or a cybersecurity expert designated by the Cabinet Secretary responsible for matters relating to national security by notice in the Gazette.
The new Section 46A (1) empowers the court to order a convicted person to remove the content or materials from the computer system, website or digital device.
“Where a person has been convicted of an offence related to promotion of illegal activities, child pornography, terrorism or extreme religious activities and cultic practices, and the person was using a computer system, website or digital device in contravention of this Act, the court may—order the person to close or deactivate the computer system, website or digital device, or make such orders as the court may deem appropriate.”
The committee, in its report to the House, said the proposed section 46A will address the need to close websites and applications used to commit crimes and ensure a fair and accountable administrative system regarding the closure of websites or digital applications.
The Act also defines "computer system" as a physical or virtual device, or a set of associated physical or virtual devices, which use electronic, magnetic, optical or other technology, to perform logical, arithmetic storage and communication functions on data or which perform control functions on physical or virtual devices including mobile devices and reference to a computer system includes a reference to part of a computer system.
The proposed Bill seeks to prohibit the use of electronic media to promote terrorism and extreme religious and cultic practices.
The new changes to the Bill, introduced through committee chairperson John Kiarie (Dagoreti South), were set to be considered at the Committee stage where the House plenary scrutinises Bills clause by clause.
The House was then to approve the changes before sending the Bill to the third reading and forwarding it to the President for assent.
The Bill, sponsored by Wajir East MP Aden Daudi, seeks to amend the Computer Misuse and Cybercrimes Act, CAP 79C, to prohibit the use of electronic media to promote terrorism and extreme religious and cultic Practices.
The proposed law further seeks to amend section 27 of the Act to expand the scope of the offence of cyber harassment and phishing.
It also introduces a new section that makes unauthorised SIM-card swapping an offence.
“A person who willfully causes unauthorised alteration and unlawfully takes ownership of another person's SIM-card is liable, on conviction, to a fine of not less than five hundred thousand shillings or to imprisonment for a term of not less than three years, or to both,” the Bill states.
