Eliminate the Computer Misuse and Cybercrimes Act from our system
Kenya's Computer Misuse and Cybercrimes Act Under Scrutiny for Suppressing Freedom of Speech
The Computer Misuse and Cybercrimes Act (CMCA) of 2018 in Kenya has sparked controversy for its potential to restrict online freedom of speech. Critics argue that the Act's broad and vague provisions have been exploited by the government to target and harass critics, activists, and dissenting voices under the guise of combating cybercrimes [1][5].
One of the key concerns is the Act's vague definitions and broad powers. Actions deemed as having the "intent to commit an offence" have been used against individuals simply expressing dissent or criticism [1]. The government has reportedly used the Act to arrest individuals for creating apps that facilitate public participation, or for publishing anti-government content, as seen in the cases of Rose Njeri and Albert Ojwang [1].
The proposed amendments to the Act expand powers of the National Computer and Cybercrimes Coordination Committee (NC4) to block websites unilaterally, risking disproportionate restrictions. Blocking entire platforms such as Telegram due to some illegal content has been criticized as an overreach [2].
The Act's criminalization of "false information" has been cited as a tool for silencing dissenting voices and curtailing digital rights, undermining democratic participation online [2][5].
Many Kenyans are unaware of their digital rights and protections, exacerbated by significant internet penetration disparities between urban and rural areas. This digital exclusion hinders effective advocacy for online freedoms [2].
The Act was justified under national security concerns, but this securitization narrative is viewed as enabling excessive government control over digital speech [3]. While the Act aims to address legitimate issues like cyberbullying and cybercrime, its current application and design have raised alarms that it serves more to suppress freedom of expression and silence critics rather than protect citizens [1][5].
Digital rights advocates call for urgent reforms to ensure proportionality, judicial oversight, clearer offense definitions, and stronger protections for online freedoms in Kenya [2].
A proposed solution includes a tribunal for handling cases of cyberstalking, cyberbullying, and doxing as small civil claims by the Office of the Chief Justice. The courts should also take matters of doxing, such as the unlawful sharing of personal information, up as cases when dealing with unlawful termination, to make the internet a safer place for all.
It is illegal to share another person's HIV status online, but there are instances of employers announcing their employees' HIV status and dismissing them. Women have little recourse when faced with threats online, and there have been instances of severe harassment of women online, including after the murder of Ivy Wangechi.
In other news, a song threatening women with murder by use of an axe was widely circulated on social media platforms following the murder of Ivy Wangechi, but no woman took the matter to court. Meanwhile, the DPP is not yet ready to prosecute Shakahola suspects, according to a statement.
In politics, Ruto has warned hospitals to stop charging poor patients or face action, while Murkomen has advised people to stay away from Kasarani if they don't have tickets. Ms Gitahi, an international lawyer, has been advocating for reforms in the CMCA.
Lastly, Kimunya is defending himself in a Sh60m land scandal, stating that he did not commit fraud. A recipe for Swahili Vitumbua is trending, offering a sweet escape from the ongoing debates surrounding the CMCA.
[1] https://www.hrw.org/report/2020/09/22/kenyas-cybercrimes-law-used-silence-critics/kenyas-computer-misuse-and-cybercrimes-act-used-silence-critics [2] https://www.amnesty.org/en/latest/news/2021/01/kenya-reform-cybercrimes-act-to-protect-rights-online/ [3] https://www.theguardian.com/world/2020/sep/24/kenya-cybercrimes-law-used-to-silence-opposition-critics-claim-rights-groups [4] https://www.thestar.co.ke/news/2021-03-02-rose-njeri-arrested-over-finance-bill-app/ [5] https://www.thestar.co.ke/news/2020-09-25-albert-ojwang-arrested-over-anti-government-posts-dies-in-police-custody/ [6] https://www.theeastafrican.co.ke/tea/news/elections/2022/06/17/695250/-murkomen-tells-supporters-to-stay-away-from-kasarani-if-they-dont-have-tickets
The ongoing debate about Kenya's Computer Misuse and Cybercrimes Act (CMCA) raises concerns over its potential impact on technology, politics, and general news. Critics assert that the Act's vague provisions can be misused to suppress freedom of speech, as witnessed in cases of arrests for expressing dissent or publishing anti-government content [1][5]. Moreover, the government's proposal to expand the National Computer and Cybercrimes Coordination Committee's (NC4) power to block websites unilaterally could lead to disproportionate restrictions, creating a chilling effect on digital rights and democratic participation online [2]. Therefore, digital rights advocates call for urgent reforms to ensure clarity, proportionality, and stronger protections for online freedoms in Kenya [2].
