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Public backlash, court suspension rock Cybercrime Law as MPs urge Kenyans to engage in shaping legislation

Members of Parliament have called on Kenyans to take part in public participation exercises on Bills before they become law, amid growing controversy over the recently amended Computer Misuse and Cybercrimes Act.

Speaking in Nairobi on Thursday, members of the National Assembly’s Finance and National Planning Committee said many citizens only react to laws after they have already been enacted often based on misinformation.

Committee member and Kesses MP Julius Rutto urged young people in particular to get involved early in the legislative process.

“We want Kenyans to speak out when invited for public participation instead of waiting to complain after,” Rutto said.

Their remarks came as the Cybercrime Amendment Act, 2024, sparked nationwide uproar over provisions that critics say could restrict online freedoms by allowing government agencies to block websites, remove digital content, or shut down online platforms.

The law also introduces stiffer penalties for cyber harassment and data breaches, with fines of up to Ksh20 million or imprisonment of up to 10 years.

The High Court has since suspended sections of the new law following a petition challenging its constitutionality. Justice Lawrence Mugambi issued conservatory orders stopping enforcement of key clauses pending full hearing.

President William Ruto defended the law on Thursday, saying the amendments are designed to safeguard Kenyans from cyber threats and protect digital spaces not to silence dissent.

“The law is meant to protect every Kenyan from online exploitation and fraud,” the President said, accusing some leaders of spreading falsehoods to create political tension.

The debate underscores growing public concern over digital rights, privacy, and freedom of expression in Kenya’s expanding online space.

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