Understanding the Computer Misuse and Cybercrimes (Amendment) Act, 2025
Published on December 07, 2025
Despite Kenya’s efforts to bolster the cybersecurity space, the Communications Authority of Kenya (CA) reported 2.54 billion cyber threat incidents in the first quarter of 2025—representing a 201.7% increase from the previous quarter of 2024. In 2023, the CA reported an $83 million loss to cybercrime, placing Kenya second in Africa after Nigeria’s $1.8 billion loss. The National KE-CIRT/CC also detected 1.1 billion cyber threat events between April and June 2024.
Examining the regulatory ecosystem, the most recent amendment to the cybercrime framework is the Computer Misuse and Cybercrimes (Amendment) Act, 2025. However, its enactment has stirred controversy, with critics suggesting it may be a reaction to unfavorable social media commentary on government actions.
Public trust in government has been declining, with citizens raising concerns about the handling of key economic issues such as debt, taxation, and corruption. The state has also been accused of weaponizing legislation to silence dissent, especially after the Finance Bill protests of 2024. Lawmakers have expressed frustration over online activism that they view as harassment.
On Wednesday, the High Court of Kenya temporarily suspended key sections of the Amendment Act following a petition by gospel artist Dr. Reuben Kigame Lichete, the Law Society of Kenya (LSK), and the Kenya Human Rights Commission (KHRC).
Former Chief Justice David Maraga criticized the amended Act as a setback to digital freedoms, stating that granting the Executive such power risks censorship and political abuse. He emphasized that the law appears more focused on silencing dissent than protecting citizens.
President William Ruto defended the amendments, asserting that they aim to protect Kenyans from cyberbullying and other online crimes. The law was signed on the same day Hon. Raila Amolo Odinga passed away—leading to claims that it was rushed to avoid public scrutiny. Misleading versions of the bill have also circulated online, prompting the National Assembly to provide clarifications.
A Factual Overview of The Cybercrimes (Amendment) Act, 2025
The legislation is officially titled the Computer Misuse and Cybercrimes (Amendment) Act, 2025. It introduces a number of updates to the original Act (Cap 79C), enacted in 2018.
Amendment to Section 2 — Interpretation
Key definitions are expanded to reflect evolving digital realities. The definition of “access” now includes scenarios where someone enters a computer system “through a programme or a device.”
New or expanded terms include:
- Asset: now includes physical, virtual, movable/immovable property and intangible rights
- Computer misuse: unauthorized use, modification, or access of data/systems
- Cybercrime: crimes leveraging ICT platforms
- Identity theft: unauthorized use of personal identifiers such as IDs, SIM cards, or bank info
- Virtual account: a digitally represented account
Amendment to Section 6 — NCC Coordination Committee
The Committee may now issue directives to block websites or apps promoting unlawful activities such as terrorism, child exploitation, or religious extremism—but only with adequate proof.
Amendment to Section 27 — Cyber Harassment
Harassment that causes or is likely to cause a person to commit suicide is now criminalized. Critics argue this vague threshold may be abused to curtail legitimate criticism and digital activism.
Amendment to Section 30 — Phishing
The law now covers fraudulent attempts via email and phone calls, not only written messages or websites. This strengthens legal tools against modern cyber fraud tactics.
New Section 46A — Court Orders for Harmful Content
Courts may order removal of content, shutdown of systems, or pre-conviction urgent measures if unlawful use is suspected—e.g., terrorism or child exploitation.
Conclusion
The Amendment Act is a major evolution in Kenya’s cybersecurity landscape. While controversial, staying informed is critical—particularly as misinformation continues to shape public perception.
For full legal accuracy, always refer to official publications and verified legal sources.