The Computer Misuse and Cybercrime (Amendment) Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
New Powers to Block Harmful Websites
The Bill grants the National Computer and Cybercrimes Co-ordination Committee new authority under Section 6(1)(ja) to issue directives. These directives can render websites or applications inaccessible within Kenya if they are proven to promote illegal activities, child pornography, terrorism, or extreme religious and cultic practices.
Expanded Definitions for Cybercrime Terms
Section 2 of the Computer Misuse and Cybercrimes Act, Cap 79C, is amended to include several new definitions. These include "asset" (covering all property physical, virtual, movable, immovable), "identity theft" (use of another person's personal identification information), and "virtual account" (a digital account acquired through virtual representation). The definition of "access" is also broadened to include gaining entry "through a program or a device or".
Criminalizing Unauthorized SIM-Card Swaps
A new Section 42A is introduced, making it an offense for any person who willfully causes unauthorized alteration and unlawfully takes ownership of another person's SIM-card with intent to commit an offense. Conviction for this offense carries a penalty of a fine not exceeding Kenya Shilling two hundred thousand (KSh 200,000) or imprisonment for a term not exceeding two years, or both.
Expanded Scope and Penalties for Cyber Harassment and Phishing
The Bill expands the scope of cyber harassment under Section 27 to include conduct "likely to cause them to commit suicide", with conviction carrying a fine not exceeding Kenya Shilling twenty million (KSh 20,000,000) or imprisonment for up to ten years. Phishing, under Section 30, is also expanded to include making calls for illicit purposes, with conviction carrying a fine of up to KSh 300,000 or up to three years imprisonment.
Bill No.
No. 41 of 2024
Gazette No.
Supplement No. 156
Sponsor
ADEN DAUDI MOHAMED
Background
The Computer Misuse and Cybercrime (Amendment) Bill, 2024, aims to strengthen the existing legal framework provided by the Computer Misuse and Cybercrimes Act, Cap 79C. The principal object of the Bill is to prohibit the use of electronic mediums to promote terrorism and extreme religious and cultic practices and to address emerging forms of cybercrime.
Key Amendments
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Section 2 (Interpretation): The definition of "access" is broadened to include unauthorized entry "through a program or a device or". New definitions are introduced, such as:
- "asset": encompassing all movable or immovable, physical or virtual property, including digital assets like "choses-in-action" and "money".
- "identity theft": defined as the use of another person's personal identification information, including name, identification number, SIM-card, bank card, bank account information, and subscriber information.
- "SIM-card": assigned the meaning under the Kenya Information and Communications Act, 1998.
- "terrorist act": assigned the meaning under the Prevention of Terrorism Act, 2012.
- "virtual account": defined as a digital account acquired through virtual representation.
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Section 6 (Functions of the Committee): A new paragraph (ja) is inserted into subsection (1), empowering the National Computer and Cybercrimes Co-ordination Committee to issue directives. These directives can render a website or application inaccessible if it is proven to promote illegal activities, child pornography, terrorism, or extreme religious and cultic practices.
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Section 27 (Cyber harassment): Subsection (1) is amended to expand the scope of cyber harassment to include conduct that "is likely to cause them to commit suicide".
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Section 30 (Phishing): The offense of phishing is expanded to include instances where a person "makes a call" with the intention to induce the recipient to disclose personal information or gain unauthorized access to a computer system.
New Obligations
The Bill introduces a new offense related to unauthorized SIM-card swaps, placing an obligation on individuals to not engage in such activities.
Penalties
- Unauthorized SIM-card swap (new Section 42A): A person found guilty of willfully causing unauthorized alteration and unlawfully taking ownership of another person's SIM-card with intent to commit an offense is liable, on conviction, to a fine not exceeding Kenya Shilling two hundred thousand (KSh 200,000) or to imprisonment for a term not exceeding two years, or to both.
- Cyber harassment (Section 27): A person who commits an offense under cyber harassment is liable, on conviction, to a fine not exceeding Kenya Shilling twenty million (KSh 20,000,000) or to imprisonment for a term not exceeding ten years, or to both. The court may also compel a person to refrain from engaging in such communication and can order a service provider to identify offenders.
- Phishing (Section 30): A person who creates or operates a website or sends a message or makes a call with the intent to induce disclosure of personal information or gain unauthorized access is liable, on conviction, to a fine not exceeding Kenya Shilling three hundred thousand (KSh 300,000) or to imprisonment for a term not exceeding three years, or to both.
- Contravention of court orders (Section 27(8)): A person contravening a court order made under Section 27 is liable to a fine not exceeding Kenya Shilling one million (KSh 1,000,000) or imprisonment not exceeding six months, or both.
Transitional Provisions
This Bill does not explicitly mention transitional provisions.
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