NAIROBI, Kenya, Nov 13 — The Kenya Conference of Catholic Bishops (KCCB) has called for an urgent review of two recently amended laws — the Computer Misuse and Cybercrimes Act and the Land Act — warning that they were passed hastily and risk undermining fundamental freedoms.
In a statement read by Archbishop Philip Anyolo, the bishops said the laws were crafted and enacted without sufficient consultation, and that public concerns about their potential misuse should not be ignored.
“We raise serious concerns about the way the Computer Misuse and Cybercrimes Amendment Act and the Land Amendment Act Number 21 of 2025 were crafted and enacted in a hurry,” Archbishop Anyolo said in a media briefing on Thursday.
“Kenyans have raised substantial concerns about the amendments which were signed into law. We strongly recommend a necessary review lest they be abused to curtail the very freedoms they ought to protect.”
The bishops cautioned that some provisions in the cybercrime law could be weaponized by state agencies to silence government critics, infringe on privacy, or even interfere with the electoral process.
“The fears Kenyans have expressed regarding these new laws should not be brushed off. They deserve to be listened to, and where necessary, corrective measures taken,” the statement added.
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They also urged for meaningful public participation in reviewing the laws, saying citizens must not be excluded from legislative processes that directly affect their rights.
October 15 assent
President William Ruto signed amendments to the Computer Misuse and Cybercrimes Act into law on October 15, granting investigators and courts broad powers to delete online content deemed illegal and even shut down digital platforms preemptively.
Under the new provisions, content involving child pornography, terrorism, or extreme religious or cultic practices can be removed from websites or digital devices if authorities believe it violates the law.
Courts may also compel offenders to delete harmful material or face prosecution.
Section 46A of the Act allows investigators to seek court orders to delete content, block websites, or disable digital accounts believed to be promoting illegal activities — even before the content spreads.
While the government says the law targets cyberbullying, online fraud, and extremist propaganda, critics warn that it grants unchecked discretion to determine what constitutes illegal or false content.
The law also compels social media users to verify their accounts using government-issued identification — a clause that digital rights groups say opens the door to state surveillance and profiling.
Civil society in court
Civil society groups, including gospel singer Reuben Kigame and the Kenya Human Rights Commission (KHRC), have already filed a petition challenging the law, arguing that it grants the state sweeping powers to monitor and silence citizens.
“The mandatory verification requirement constitutes a blanket infringement of the right to privacy under Article 31 of the Constitution,” the petition reads in part.
“It forces the unnecessary revelation of private affairs and directly infringes upon the privacy of communications.”
Dagoretti South MP John Kiarie, who chairs the National Assembly ICT Committee, defended the amendments, saying they are necessary to counter rising online crime.
“Phishing and data theft are becoming the order of the day. With more than eight out of every ten posts likely to be fake or toxic, we are simply fortifying our laws,” he said.
However, Funyula MP Wilberforce Oundo cautioned that using terrorism as a justification for regulating online activity could open the door to abuse.
“We already have an Anti-Terrorism Act. Introducing ‘terrorism’ here is making a rope, and it will hang us very soon,” Oundo warned.