PREVIEW
The act hands the state sweeping online censorship and surveillance powers
Veteran oppositionist Raila Omolo Odinga’s death appears to have offered President William Samoei Ruto an opportunity to bury bad news. Hours before the opposition leader’s passing was officially announced, the president signed into law eight new bills on 15 October, several of which expand the state’s powers to delete online content and block and shut down websites (AC Vol 66 No 20, Newsmakers: Kenyan youths in court).
The Computer Misuse and Cybercrimes Act forbids the use of electronic media to support extremist religious and cult activities. It also includes sanctions against false information posted online and expands the legal categories of phishing, cyber harassment and identity theft.
These provisions, say ministers, will allow the government to track down, freeze and retrieve the proceeds of cybercrime. Meanwhile, activities that target networks or data are now considered cybercrimes.
As the bill hands sweeping powers to the government to close websites and apps, civil society groups fear that its legal definitions are open to abuse and facilitate state surveillance (AC Vol 66 No 13, As protests mount, state repression goes regional).
There are also concerns that the legislation will be used to target the Gen Z protest movement, which has coordinated a series of well-attended protests and campaign events, relying heavily on social media to organise.
Busia Senator Okiya Omtatah, one of the lawmakers closest to the Gen Z movement, has vowed to legally challenge to the act, which he says contains ‘vague and overly broad provisions that threaten freedom of expression and access to information’.
The government’s Privatisation Bill, designed to make it easier to sell stakes in state-owned enterprises, has also been signed into law. It has been challenged in the courts over the new powers it gives ministers and claims that it will reduce parliamentary scrutiny.
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