Computer Misuse and Cybercrimes (Amendment) Act, 2025 has sparked intense national debate with some terming it a long-overdue shield against digital crime while others see it as a potential tool to silence dissent.
President William Ruto signed the law on October 15, 2025, marking what has been described as “a new chapter for Kenya’s safety, security, and dignity in the digital age.”
But as Kenyans increasingly live, work, and speak online, there’s debate on whether the same law meant to protect them could also threaten their freedom of expression.
According to its drafters, the Cybercrimes Amendment Act is designed to bring order to a chaotic digital space that has outpaced existing safeguards.
Sponsored by Hon. Aden Daudi Mohamed (MP, Wajir East), the law was debated and passed through all stages of public participation and parliamentary approval.
It seeks to address what policymakers call “a modern digital epidemic”, from phishing scams and SIM-swap frauds to online child exploitation, data theft, and cyberbullying.
“When a parent’s savings vanish through a phishing scam, when a student’s identity is stolen online, or when a child’s photo is misused those are not distant stories. They are real Kenyan experiences. Safety in a digital nation is freedom,” reads the law’s policy brief explaining the need for the law.
The Act gives courts authority over online offences which include radicalisation and online extremism, child exploitation, cyberbullying, impersonation and financial fraud.
The government notes that the new law is not a gag on speech but a safeguard for citizens’ dignity and digital safety.
“This is not about silencing voices; it’s about protecting livelihoods and liberties. Freedom of expression must exist alongside accountability. You can’t weaponise the internet to destroy others.”
The drafters of the law note that one of the menace meant to be cured by law is financial fraud and other online scams which have become rampant with advancement of technology.
Government data shows Kenya loses more than KSh 10 billion annually to cyber fraud and identity theft.
Officials say the law modernises the country’s defences by giving investigators tools to deal with AI-driven misinformation, deepfakes, and online extremism, threats that, if unchecked, could destabilise the economy and social harmony.
“We have seen hospitals, banks, and even airports targeted by hackers. Digital safety is now national security,” explains an ICT officer.
Speaking on Citizen TV, lawyer Jared Mugendi observes how crimes like phishing and organized cybercrime have become harder to detect compared to traditional offenses that cause visible harm.
“As technology advances faster than the law, there is a growing need for legislation to keep pace with these complex and often unseen digital threats,” he states.
The same was observed by Dr Amos Omollo, a legal expert who notes that the law is meant to cure harmful behaviour and not necessarily curtail freedoms.
“The law seeks to ensure proportional penalties that effectively address harmful behaviour without exceeding fairness or necessity.”
While freedom of speech is vital, unchecked misinformation and hate speech can destabilize societies, as seen in cases like Myanmar and Ethiopia, making it crucial for Kenya to balance expression with national stability,” Omolo states.
Mugendi further urges Kenyans to read and understand the provisions that have been amended from the previous act in order to avoid misinformation.
“It’s unwise to rely on newspapers for legal information read the adopted bill to know exactly what changed rather than depending on media summaries.”
The amendments expand NC4’s power to issue directives against websites with child pornography, trafficking or terrorism, clarify “access” and “program” to include devices as entry points, and add deliberate cyberspace acts that cause suicide,” Mugendi states.
However, not everyone is convinced.Digital rights groups, media watchdogs, and online creators have raised alarm, warning that the broad language of some clauses could easily be abused to criminalise legitimate criticism of government or public figures.
Commenting on the act, a freedom of expression watchdog said parts of the law could “open the door for arbitrary arrests and state surveillance.”
“We have seen similar laws across Africa used to intimidate journalists and whistleblowers under the guise of cyber safety. Kenya must ensure this law is used to protect citizens, not punish dissent,” said Mugambi Kiai, a rights activist.
Previously, the Law Society of Kenya (LSK) has also called for clearer definitions of offences like misinformation and cyber harassment to avoid subjective interpretation.
“Freedom of expression cannot be suspended because of a few bad actors online. While digital safety is crucial, any restriction must be narrowly defined and constitutionally justified,” said LSK President Faith Odhiambo.
Human rights defenders point to previous incidents where bloggers, activists, and critics were arrested under the older 2018 Cybercrimes Act for allegedly publishing “false information.”
They fear amendments if not tightly enforced and defined could revive those practices.On social media, Kenyans are split on how to interpret the law.Many support the law, frustrated by rising cases of fraud, online impersonation, and digital harassment.
One entrepreneur who operates a business in Nairobi CBD observes the new provisions could cure the never-ending digital scams.
“People steal from us every day online. Some post our children’s photos and insult others. This law is necessary,” tweeted @Wanjiru, a Nairobi entrepreneur.
On the other hand, others see it as an overreach noting, “If you criticise the government online, will that be called harassment now, They want to protect themselves, not us.”
The online debate reflects a national dilemma how to regulate the digital world without stifling its vibrancy.
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