The Kenya Alliance of Residents Association (Kara) has urged Parliament to review the Computer Misuse and Cyber Crimes Act and lower the proposed fines, arguing they would be punitive to citizens.

Kara CEO Henry Ochieng, who appeared before the National Assembly Communication, Information and Innovation Committee, said that the Act has been used to target individuals perceived as government critics or opponents of those in power.

Ochieng told the committee, chaired by Dagoretti South MP John Kiarie, that the hefty fines of Sh5million, Sh10million or even Sh20 million could instill fear due to possible misinterpretation of the law, ultimately inhibiting freedoms.

He argued that the Act appeared to focus less on regulating computer misuse and cyber crimes and more on political control, potentially curtailing freedom of speech, media, and expression.

“We are requesting that the Act be amended by reducing all fines stipulated under various sections. This should be for fines above Sh500,000 or imprisonment of more than two years to the extent that such penalties relate to individuals, from the stipulated amounts to not more than Sh200,000,” said Ochieng.

The Principal Secretary for the State Department for Broadcasting and Telecommunications Edward Kisiangani told the committee that the Ministry of Information, Communication and Digital Economy has reviewed the proposed Amendment Bill and concurs with the proposals contained therein.

Ministries mandate

Kisiangani said they are recommending a complete review of the Computer Misuse and Cybercrimes Act, 2018 and the attendant regulations so that the mandate of prosecuting matters related to cyber crime is vested with the Ministry of Interior and National Administration.

“The Ministry of Information Communications and Digital Economy should be left to handles matters related to Cybersecurity. The  purpose of this recommendation is to unlock the uncertainty surrounding the mandates of the two ministries where matters of cybersecurity are concerned,” said Kisiangani.

The principal objective of the bill sponsored by Wajir East MP Aden Mohammed is to amend the Computer Misuse and Cyber Crimes Act, Cap 79 to prohibit the use of electronic mediums to promote terrorism and extreme religious and cultist practices.

The bill seeks to give the National Computer and Cyber Crimes Co-ordination Committee an additional function of issuing directives on websites and applications that may be rendered inaccessible within the country where the website or application promotes illegal activities, child pornography, terrorism and extreme religious and cultist practices.

The bill proposes that anyone who willfully swaps or alters a SIM card without authorization to commit an offense faces a fine of up to Sh200,000, up to two years in prison, or both upon conviction.

The bill states that anyone who knowingly aids or abets an offense under the Act faces a fine of up to Sh7 million, up to four years in prison, or both upon conviction.

The bill proposes creating the National Computer and Cybercrimes Coordination Committee to advise the government on security issues, including blockchain, critical infrastructure, mobile money, and trust accounts.

It will be responsible for creating a framework to ensure the availability, integrity, and confidentiality of national information infrastructure while also developing and managing a national public key infrastructure framework.