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
      Should South Africa ban ransomware payments?

      Should South Africa ban ransomware payments?

      29 September 2026
      MTN loses bid to halt US Anti-Terrorism Act claims

      MTN loses bid to halt US Anti-Terrorism Act claims

      29 September 2026
      Africa now hosts world's fourth-largest Comic Con

      South Africa now hosts world’s fourth-largest Comic Con

      29 September 2026
      TCS | Dominic White and Adam Ely on AI agents going rogue

      TCS | Dominic White and Adam Ely on AI agents going rogue

      29 September 2026
      DStv tests free seven-day upgrades, starting with Sports

      DStv tests free subscriber upgrades, starting with Sports

      29 September 2026
    • World
      Anthropic weighs new model launch to blunt OpenAI's Astra surge - Anthropic CEO Dario Amodei and OpenAI CEO Sam Altman

      Anthropic weighs new model launch to blunt OpenAI’s Astra surge

      21 September 2026
      Hackers hack hackers: ShinyHunters seizes cl0p's dark web site

      Hackers hack hackers as dark web feud erupts

      21 September 2026
      Film piracy malware is reaching corporate machines

      Film piracy malware is reaching corporate machines

      21 September 2026
      Crypto's big bet fails as US senate sinks Clarity Act

      Crypto’s big bet fails as US senate sinks Clarity Act

      16 September 2026
      'This is not circular': Jensen Huang defends $3.5-billion MediaTek deal

      ‘This is not circular’: Jensen Huang defends $3.5-billion MediaTek deal

      2 September 2026
    • In-depth
      Meta to the AI industry: slow down without us - Mark Zuckerberg

      Meta to the AI industry: slow down without us

      16 September 2026
      Google DeepMind CEO Demis Hassabis. Image: John Sears

      The plan to stop AI from breaking the world

      16 July 2026
      The internet has a Strait of Hormuz problem

      The internet has a Strait of Hormuz problem

      15 July 2026
      AI boom sparks rally, frenzy and fear

      AI boom sparks rally, frenzy and fear

      11 June 2026
      Every plug-in hybrid on sale in South Africa, ranked by price - Lamborghini Temerario

      Every plug-in hybrid on sale in South Africa, ranked by price

      7 June 2026
    • TCS
      TCS | Octotel's Trevor van Zyl on the fibre merger question

      TCS | Octotel’s Trevor van Zyl on the MetroFibre merger question

      16 September 2026
      Meet the CIO | Shoprite's Chris Shortt on what a supermarket becomes

      Meet the CIO | Shoprite’s Chris Shortt on what a supermarket becomes

      9 September 2026
      Rubicon's EV charging network is profitable - and growing fast - Watts & Wheels

      Rubicon’s EV charging network is profitable – and growing fast

      8 September 2026
      Winstone Jordaan on building a national EV charging network

      Winstone Jordaan on building a national EV charging network

      2 September 2026
      Watts & Wheels S1E8: 'Tesla lands in Africa, just not here'

      Watts & Wheels S1E8: ‘Tesla lands in Africa, just not here’

      24 August 2026
    • Opinion
      Regulating AI: apply the laws we have first - Dirk de Vos

      Regulating AI: apply the laws we have first

      21 September 2026
      The end is nigh, and the shares go on sale in October - Duncan McLeod

      The end is nigh, and the shares go on sale in October

      14 September 2026
      The fragile joint in the Capitec machine - Pambos Soteriades

      The R197-billion market the banks can’t reach

      25 August 2026
      South African tech's compounding debt problem - Jannie van Zyl

      Management consulting as we know it is over

      21 August 2026
      South African tech's compounding debt problem - Jannie van Zyl

      The most dangerous customer is the quiet one

      10 August 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM.com
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Publishared
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Vox
      • 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
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
      • Watts & Wheels
    • 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
    Get breaking news on 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
    Add TechCentral as a preferred source on GoogleFollow TechCentral on Google NewsGet breaking news on WhatsApp


    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
    Ease of doing business takes centre stage at GEC+Africa - Small business development minister Stella Tembisa Ndabeni

    Ease of doing business takes centre stage at GEC+Africa

    29 September 2026
    Standard Bank and Huawei forge strategic cloud partnership

    Standard Bank and Huawei forge strategic cloud partnership

    29 September 2026
    GEC+Africa 2026 celebrates Africa's most promising entrepreneurs

    GEC+Africa 2026 celebrates Africa’s most promising entrepreneurs

    28 September 2026
    Opinion
    Regulating AI: apply the laws we have first - Dirk de Vos

    Regulating AI: apply the laws we have first

    21 September 2026
    The end is nigh, and the shares go on sale in October - Duncan McLeod

    The end is nigh, and the shares go on sale in October

    14 September 2026
    The fragile joint in the Capitec machine - Pambos Soteriades

    The R197-billion market the banks can’t reach

    25 August 2026

    Subscribe to Updates

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

    Latest Posts
    Should South Africa ban ransomware payments?

    Should South Africa ban ransomware payments?

    29 September 2026
    MTN loses bid to halt US Anti-Terrorism Act claims

    MTN loses bid to halt US Anti-Terrorism Act claims

    29 September 2026
    Africa now hosts world's fourth-largest Comic Con

    South Africa now hosts world’s fourth-largest Comic Con

    29 September 2026
    Ease of doing business takes centre stage at GEC+Africa - Small business development minister Stella Tembisa Ndabeni

    Ease of doing business takes centre stage at GEC+Africa

    29 September 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • 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}
    🇿🇦 Sign up to the TechCentral newsletter