A significant majority of Kenyans support granting the government authority to block websites deemed illegal without first obtaining a court order, according to a new report that lays bare the public's anxieties over online crime and misinformation. The findings, published on Monday, October 27, 2025, by Stahili Pulse Reports, arrive just as a controversial new cybercrime law takes effect, deepening the national conversation about the delicate balance between state security and constitutional freedoms in an increasingly digital Kenya.

The survey, titled “Cyber Crimes Act—Kenyans' Views,” found that 57.2% of respondents believe the government should have the power to block websites promoting illegal activities without judicial oversight. A further 18.3% support such measures but only in cases related to terrorism. Conversely, 22% of Kenyans surveyed opposed the idea altogether, signaling a substantial minority concerned about the potential for censorship and abuse of power. The report also noted that 46.7% of Kenyans are worried the new laws could curtail freedom of speech.

New Cybercrime Law Intensifies Debate

The Stahili Pulse report was released in the wake of President William Ruto's signing of the Computer Misuse and Cybercrimes (Amendment) Act, 2024, on October 15, 2025. This amended legislation significantly expands the state's powers to regulate the internet. It grants the National Computer and Cybercrimes Coordination Committee (NC4), a body largely composed of security officials, the authority to order internet service providers to render websites or applications inaccessible. The law targets platforms suspected of promoting terrorism, child pornography, and “extreme religious and cultic practices,” according to its text.

Proponents, including the bill's sponsor, Wajir East MP Aden Daudi, argue the law is a necessary tool to protect citizens from rising digital threats. Speaking on October 23, 2025, Government Spokesperson Isaac Mwaura defended the act, stating its primary goal is to shield Kenyans from fraud, online extremism, and exploitation. He asserted that the law respects constitutional freedoms and that the NC4's power is subject to judicial review.

Fears of a Chilling Effect on Free Expression

Despite these assurances, a coalition of digital rights advocates, civil society organizations, and legal experts has sounded the alarm. Groups including Article 19 East Africa, the Kenya Human Rights Commission (KHRC), and the Bloggers Association of Kenya have warned that the law's vague language and lack of mandatory judicial oversight create a high risk of abuse. They argue that terms like “illegal activities” or “extreme religious practices” are poorly defined, leaving them open to subjective interpretation by state authorities to silence dissent, target journalists, and suppress criticism of the government.

On October 22, 2025, the KHRC and musician Reuben Kigame filed a petition in the High Court to nullify the act, arguing it grants the state “unfettered power to surveil, silence and even endanger citizens.” Their petition highlights that the law could criminalize speech based on speculation and effectively make online anonymity, a vital shield for whistleblowers and activists, illegal. This legal challenge follows a history of pushback against similar legislative efforts; a previous amendment bill in 2021 was withdrawn after strong opposition from civil society.

The Constitutional Tightrope

The debate is fundamentally rooted in Kenya’s Constitution, which guarantees freedom of expression (Article 33) and access to information (Article 35). Critics contend that allowing an administrative body like the NC4 to block content without a court order violates these protections and the principle of due process. The Law Society of Kenya and other organizations have previously challenged internet disruptions in court, arguing that any restrictions must meet the stringent legal tests of necessity and proportionality under Article 24 of the Constitution.

The government maintains that these powers are crucial for national security. The original 2018 Computer Misuse and Cybercrimes Act was designed to provide a framework for prosecuting a range of offenses, including cyber espionage, fraud, and harassment. The recent amendments dramatically increase the penalties for such crimes, with fines of up to KSh 20 million or ten years in prison for cyber harassment. While the public's support for stronger measures is evident in the Stahili report, the new law's implementation will be closely watched. The outcome of the ongoing High Court case will set a critical precedent for the future of digital rights and governance in Kenya, determining whether the nation prioritizes state-led security over judicial oversight in its fight against cybercrime.