Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Post Office on the brink of collapse

      Post Office on the brink of collapse

      13 March 2026
      New policy direction targets South Africa's municipal broadband logjam - Solly Malatsi

      New policy direction targets South Africa’s municipal broadband logjam

      13 March 2026
      How electronic warfare is threatening ships and their crews

      How electronic warfare is threatening ships and their crews

      13 March 2026
      Rand slumps for second week

      Rand slumps for second week

      13 March 2026
      Parliament opens nominations for Icasa council seats

      Parliament opens nominations for Icasa council seats

      13 March 2026
    • World
      Musk launches Macrohard in cheeky nod to Microsoft - Elon Musk

      Musk launches Macrohard in cheeky nod to Microsoft

      12 March 2026
      Europe is building an alternative to Microsoft Office

      Europe is building an alternative to Microsoft Office

      11 March 2026
      Microsoft bets on Anthropic as it loosens ties with OpenAI

      Microsoft bets on Anthropic as it loosens ties with OpenAI

      10 March 2026
      World hit by worst oil shock since the 1970s

      World hit by worst oil shock since the 1970s

      9 March 2026
      iStore prices MacBook Neo at R11 999 in South Africa

      Apple debuts MacBook Neo to challenge Windows PCs, Chromebooks

      5 March 2026
    • In-depth
      The last generation of coders

      The last generation of coders

      18 February 2026
      Sentech is in dire straits

      Sentech is in dire straits

      10 February 2026
      How liberalisation is rewiring South Africa's power sector

      How liberalisation is rewiring South Africa’s power sector

      21 January 2026
      The top-performing South African tech shares of 2025

      The top-performing South African tech shares of 2025

      12 January 2026
      Digital authoritarianism grows as African states normalise internet blackouts

      Digital authoritarianism grows as African states normalise internet blackouts

      19 December 2025
    • TCS
      TCS+ | Vox Kiwi: a wireless solution promising a fibre-like experience - Theo van Zyl

      TCS+ | Vox Kiwi: a wireless solution promising a fibre-like experience

      13 March 2026
      TCS+ | Flipping the narrative on AI in the Global South - Josefin Rosén

      TCS+ | Flipping the narrative on AI in the Global South

      13 March 2026
      TCS | Sink or swim? Antony Makins on how AI is rewriting the rules of work

      TCS | Sink or swim? Antony Makins on how AI is rewriting the rules of work

      5 March 2026
      TCS+ | Bolt ups the ante on platform safety - Simo Kalajdzic

      TCS+ | Bolt ups the ante on platform safety

      4 March 2026
      Watts & Wheels S1E4: 'We drive an electric Uber'

      Watts & Wheels S1E4: ‘We drive an electric Uber’

      10 February 2026
    • Opinion
      South Africa's energy future hinges on getting wheeling right - Aishah Gire

      South Africa’s energy future hinges on getting wheeling right

      10 March 2026
      Hold the doom: the case for a South African comeback - Duncan McLeod

      Apple just dropped a bomb on the Windows world

      5 March 2026
      VC's centre of gravity is shifting - and South Africa is in the frame - Alison Collier

      VC’s centre of gravity is shifting – and South Africa is in the frame

      3 March 2026
      Hold the doom: the case for a South African comeback - Duncan McLeod

      Hold the doom: the case for a South African comeback

      26 February 2026
      The AI fraud crisis your bank is not ready for - Andries Maritz

      The AI fraud crisis your bank is not ready for

      18 February 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • AvertITD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » In-depth » Kenya cybercrime law opens door to privacy violations, censorship

    Kenya cybercrime law opens door to privacy violations, censorship

    By The Conversation30 May 2018
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    More and more Kenyans are connecting to the Internet, most frequently from mobile devices.

    There are, of course, big benefits to increased connectivity. These include the rise of mobile money transactions and access to loans. But there are downsides, too. The country has been targeted by hackers in several major attacks.

    In May 2018, the Kenyan government responded to these and other high-profile cyberattacks by signing the Computer and Cyber Crime Act into law. This seems a strange decision, since legislation already exists that deals with these issues.

    The Kenya Information Communication Act and the Penal Code and its regulations already criminalised several cybercrimes. It could have been amended to, for instance, increase the penalties for certain crimes. Instead, its provisions have been superseded by the Computer and Cyber Crime Act.

    The new act is too vague when it comes to important details, particularly those that deal with the issue of surveillance. Will Kenya’s authorities use this legislation to “eavesdrop” on citizens

    The new act is too vague when it comes to important details, particularly those that deal with the issue of surveillance. Will Kenya’s authorities use this legislation to “eavesdrop” on citizens? The act also criminalises the publication online of false information or hate speech. But it does not explain what “hate speech” entails in this context, and seems to lean towards outright censorship in parts.

    The new act criminalises “false publications” but offers no real definition of these. It also doesn’t give guidelines for distinguishing what it calls hate speech from speech that’s protected under Kenya’s existing laws.

    That could pose a problem in a country where people often share opinions, news and views via the Internet. Kenya is a polarised country — especially during election times. If one was to make a comment online that is offensive about a certain leader of a specific county it might be categorised under the new act as hate speech or incitement to violence.

    The spirit of the act is to be applauded. It aims to boost security and Kenya’s cyber health. But it also violates fundamental individual rights and there is a need to reframe some provisions so it’s not abused by the criminal justice system.

    The new Computer and Cyber Crime Act has several stated aims. For instance, it offers a framework for the timely and effective detection, investigation and prosecution of computer crimes. Such crimes include unauthorised access to or interference with computer systems by third parties; the distribution of child pornography and online harassment like bullying and stalking; and the production of fake publications.

    Steep fines

    These and other crimes described in the act come with very steep fines. For example, the crime of “fake publication” attracts a fine of KSh5m (about R630 000) or 10 years in prison. Unauthorised interference or interception of state protected computers attracts the longest sentence: 20 years.

    Unfortunately, the legislation is extremely vague when it comes to defining some of the offences, leaving a great deal open to individual interpretation. That’s particularly troubling when it comes to things like “fake publications”, since the act could be misused to censor free expression in the online space. And that directly contradicts the country’s constitution.

    The provisions around “publication of false information” and “hate speech” are too broadly framed. The worry is that such blanket provisions might lead to a damping down of free expression. Citizens may even self-censor, not sharing different opinions or views, because they worry that these will somehow contravene the act.

    The act in its current form infringes on Kenyans’ right to privacy through surveillance and the collection of data from users

    The legislation also lays the ground for international cooperation around prosecuting cybercrime. And it sets up a crime reporting database. Any person who has information about a threat, attempt or actual cyberattack is now legally obliged to share this with the database within 24 hours of the incident. If they don’t, they’re liable for a fine or could be jailed for up to two years.

    One problem with this is that it shifts liability on to the victim or target of the cybercrime. There should be a distinction between aiding and abetting a crime and being an ignorant victim or target who is not aware of the act’s reporting requirement.

    Another is that once a planned crime has been reported, surveillance will be necessary to confirm it. Section 24 of the act has a provision for searches without a warrant. This may take the form of blanket surveillance of, for instance, a WhatsApp group because of one person’s comments in that group. Others in the group who are not involved in any crime will also be “watched” by the state. This is a violation of citizens’ basic rights.

    This act will have a big impact on Kenya’s IT environment. In some cases this is a good thing: cybercrime must be taken seriously and criminals brought to book.

    But there are challenges, too. The act in its current form infringes on Kenyans’ right to privacy through surveillance and the collection of data from users. It should be returned to parliament to amend the same and include parameters and guidelines on how the freedom of expression and privacy are to be limited. For example, giving guidelines for one to understand what is hate speech, violent speech or ethnic incitement, and which speech is not protected and why. If not, the questions for Kenyans to ponder would be whether they are willing to give up their rights for cybersecurity.The Conversation

    • Written by Mercy Muendo, lecturer in IT and the law, Mount Kenya University
    • This article was originally published on The Conversation
    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    Mercy Muendo top
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleCell C in multibillion-rand 3G, 4G roaming deal with MTN
    Next Article Tencent is no longer a sure bet

    Related Posts

    18GW in unplanned breakdowns cripple Eskom

    2 November 2021

    Nersa kicks the Karpowership can down the road

    13 September 2021

    If you think South African load shedding is bad, try Zimbabwe’s

    13 September 2021
    Company News
    Households still under big pressure, Altron Fintech index shows

    Households still under big pressure, Altron Fintech index shows

    13 March 2026
    How AI is changing the way we work - Angela Ho, Obsidian Systems

    How AI is changing the way we work

    12 March 2026
    Domains.co.za introduces complete domain protection service

    Domains.co.za introduces complete domain protection service

    12 March 2026
    Opinion
    South Africa's energy future hinges on getting wheeling right - Aishah Gire

    South Africa’s energy future hinges on getting wheeling right

    10 March 2026
    Hold the doom: the case for a South African comeback - Duncan McLeod

    Apple just dropped a bomb on the Windows world

    5 March 2026
    VC's centre of gravity is shifting - and South Africa is in the frame - Alison Collier

    VC’s centre of gravity is shifting – and South Africa is in the frame

    3 March 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Post Office on the brink of collapse

    Post Office on the brink of collapse

    13 March 2026
    New policy direction targets South Africa's municipal broadband logjam - Solly Malatsi

    New policy direction targets South Africa’s municipal broadband logjam

    13 March 2026
    How electronic warfare is threatening ships and their crews

    How electronic warfare is threatening ships and their crews

    13 March 2026
    Rand slumps for second week

    Rand slumps for second week

    13 March 2026
    © 2009 - 2026 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}