The National Assembly Committee on Communication, Information, and Innovation (CII), chaired by Hon. John Kiarie, today held a meeting with key stakeholders to discuss Hon. Aden Mohammed’s proposed amendments to the Computer Misuse and Cybercrimes (Amendment) Bill, 2024. The meeting aimed to explore the implications of the proposed changes, particularly in terms of digital freedoms and national security.
The Ministry of ICT, represented by Principal Secretary Edward Kisiang’ani, recommended a thorough review of the Computer Misuse and Cybercrimes Act, 2018. PS Kisiang’ani suggested that cybercrime responsibilities be more clearly defined, with the Ministry of Interior and National Administration (MINA) handling cybercrime prosecution and the Ministry of ICT and Digital Economy (MICDE) overseeing cybersecurity. He argued that such a division of roles would reduce confusion and ensure a more effective and coordinated response to digital threats.
Despite these suggestions, Hon. Kiarie raised concerns about the political motivations behind the amendments. He questioned whether the proposed bill was a response to growing online criticism of the government, and if it was intended to curb freedom of expression. “Is this a knee-jerk reaction to unfavorable comments on social media about the government? Will media houses be shut down for being critical of the government?” Hon. Kiarie asked, expressing skepticism about the bill’s intent.
In response, PS Kisiang’ani strongly denied any political motivations behind the bill. He emphasized that the amendments were part of ongoing efforts to strengthen national cybersecurity. “This is a private member’s bill. The law allows that we interrogate it. It doesn’t need to come from the government if it’s for the good of Kenyans. The role of government isn’t to threaten citizens, but to listen to them,” he stated.
The Committee also heard from the Sector Working Group, which recommended the development of a National Cybersecurity Policy and the establishment of a National Cyber Security Agency (NCSA) to serve as Kenya’s main cybersecurity authority. Other proposals included the creation of a Cyber Police Unit to investigate and prosecute cybercriminals.
Henry Ochieng, CEO of the Kenya Alliance of Residents Associations (KARA), also contributed to the debate, stressing the importance of balancing digital freedoms with online safety. He highlighted the rising challenge of cyberbullying, noting its serious consequences, including suicides. “How do we balance between protection of freedom of rights and protection of people?” he asked, calling for strengthened defamation laws to address cyberbullying.
KARA proposed that websites violating digital rights should not only face takedown orders but also have unlawful content removed upon court orders.
As discussions continued, the Committee made it clear that it would thoroughly examine the proposed amendments to ensure they did not suppress press freedom or criminalize legitimate online discourse. The outcome of these deliberations could have significant implications for Kenya’s approach to cybersecurity and digital freedoms in the future.
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