Cybercrimes Act Amended Amidst Digital Growth

President William Ruto on Wednesday, October 15, 2025, signed the Computer Misuse and Cybercrimes (Amendment) Bill, 2024, into law, significantly altering Kenya's legal framework for digital activities. This amendment expands the definitions of cybercrimes, introduces stricter penalties, and grants broader powers to the government, a move that has raised concerns among civil society and digital rights advocates.

The updated law builds upon the original Computer Misuse and Cybercrimes Act No. 5 of 2018, which aimed to protect computer systems and data, criminalise cybercrimes, promote cybersecurity, and regulate online behaviour. The 2018 Act already criminalised activities such as unauthorised access to computer systems, cyberespionage, data breaches, computer fraud, identity theft, and the creation or distribution of child pornography.

Key changes in the 2024 amendment include a broadened definition of unauthorised access to encompass any access without express permission, regardless of whether information is altered or stolen. Cyber harassment now includes persistent unwanted digital communication across various platforms. Phishing and SIM card fraud are also explicitly criminalised with increased penalties. Notably, the new law empowers the state to block access to digital platforms or content deemed illegal, allowing for pre-emptive shutdowns if investigators suspect criminal activity, including child pornography, terrorism, or extreme religious practices.

Land Use Laws Undergo Continuous Reform

Concurrently, Kenya's land use laws are undergoing continuous evolution, driven by rapid urbanisation, economic growth, and societal needs. The foundational framework for land management is enshrined in the Constitution of Kenya 2010 and further detailed in the Land Act 2012. These laws classify land into three main categories: public, community, and private land.

The Physical and Land Use Planning Act, 2019, is the principal statute regulating physical planning and land use. It outlines zoning requirements, establishes an institutional framework for planning, and governs the preparation of national, county, urban, and rural spatial plans. This Act repealed the Physical Planning Act of 1996, which itself replaced the Land Planning Act of 1968. Zoning regulations, implemented by county governments, are crucial for organised development, controlling population density, and protecting the environment by separating incompatible land uses.

Despite these legal frameworks, land ownership in Kenya presents a complex picture. Data from the Kenya National Bureau of Statistics (KNBS) indicates that over half of Kenyan men aged 15 to 54, and more than half of women aged 15 to 49, do not own a house or land. Women, in particular, face challenges with land titles, holding only 1% of all land titles in their names and 5-6% jointly, despite contributing 80% of the agricultural workforce.

Stakeholder Perspectives and Concerns

The expanded government powers under the amended Computer Misuse and Cybercrimes Act have sparked debate. While proponents argue for stronger measures against rising cyber threats, civil society organisations and legal experts express concerns about potential overreach and its implications for digital rights, privacy, and freedom of expression. Dagoretti North MP Beatrice Elachi supported the changes, citing international pressure to combat digital child abuse. However, Funyula MP Wilberforce Oundo warned that using terrorism as a basis for policing online activity could be prone to abuse, potentially targeting citizens sharing protest photos.

In the land sector, the National Land Policy, finalised through a consultative process, aims to guide the country towards efficient, sustainable, and equitable land use. However, land disputes remain prevalent, often stemming from unclear land rights, cultural practices, historical injustices, and inequitable access to land. These disputes can significantly impact agricultural production and household income, as seen in Tharaka Nithi County where disputed land has led to a 50% reduction in average production per acre.

Evidence and Data

• Cyber Threat Incidents: Kenya recorded 2.54 billion cyber threat incidents between January and March 2025, a 201.7% increase from the previous quarter.
• Economic Impact of Cybercrime: In 2023, Kenya lost an estimated $83 million to cybercrime, ranking second in Africa after Nigeria. Earlier reports indicated a loss of KES 2 billion (USD 23 million) to the Kenyan economy in 2013 due to cybercrime.
• Digital Economy Contribution: Kenya's digital economy is projected to contribute KSh 662 billion to the GDP by 2028. The ICT sector has grown by an average of 10.8% annually in the last decade.
• Internet Penetration: Internet penetration in Kenya stands at 85.2% (Internet World Stats, 2024-09-18). Mobile penetration reached 145.3% in Q3 2024/2025, with 76.16 million mobile subscriptions.
• Land Ownership: Only 47% of men aged 15-54 and 32.8% of women aged 15-49 own a house alone or jointly (Kenya Demographic and Health Survey 2022, published January 18, 2023).
• Land Disputes: Court officials in Nandi County handle land disputes on a weekly basis (51%) or monthly basis (40%), with unclear land rights being a major cause.

Risks and Implications

The stricter cybercrime laws, while aimed at enhancing national security and combating online illicit activities, could potentially lead to a chilling effect on online speech and dissent. The broad definitions of cybercrime and expanded government powers raise questions about the balance between security and civil liberties. For businesses, the increasing sophistication of cyber threats translates to higher costs for cybersecurity measures and potential reputational damage.

In the land sector, unresolved land disputes continue to hinder economic development and can lead to social instability. The unequal distribution of land ownership, particularly affecting women, poses a significant barrier to economic empowerment and food security.

What to Watch

The implementation and interpretation of the amended Computer Misuse and Cybercrimes Act will be closely monitored, particularly regarding its impact on freedom of expression and digital rights. Legal challenges to certain provisions are anticipated. In the land sector, the effectiveness of ongoing reforms and the National Land Commission's efforts to streamline land administration and resolve disputes will be crucial for equitable development and stability.

Related Stories

• Kenya's Digital Economy to Contribute Over KSh. 600 Billion to GDP by 2028, GSMA Report Shows (Communications Authority of Kenya, November 1, 2024)
• Who owns land in Kenya? Unpacking what the KDHS 2022 data tells us about men and women's land ownership (September 11, 2023)
• Kenya's cyber threat incidents surge to 2.54 billion in Q1 2025 (Techpoint Africa, July 1, 2025)