NAIROBI – National Assembly Speaker, the Rt. Hon. (Dr.) Moses Wetang'ula, has mounted a robust defence of the newly enacted Computer Misuse and Cybercrimes (Amendment) Act, 2025, positioning the legislation as a critical tool to protect Kenyan children from a rising tide of digital threats. Speaking on Sunday, October 26, 2025, at St. Teresa's Isanjiro Catholic Church in Kakamega County, Wetang'ula dismissed claims that the law is designed to suppress freedom of expression, insisting its primary purpose is to safeguard the family unit and shield vulnerable minors from online dangers.

“The Act is not meant to gag anyone or restrict legitimate expression,” Speaker Wetang'ula stated. “It is meant to protect our families, especially our children, from harmful online content, deter violent extremism, and stop the spread of cult-like ideologies that prey on the young and vulnerable.”

The Speaker's comments arrive at a pivotal moment for Kenya's digital landscape. While internet penetration has unlocked immense educational and social opportunities, it has concurrently exposed children to significant risks. A 2023 UNICEF report covering six Eastern and Southern African nations, including Kenya, revealed that two in ten children had been exposed to hate messages online, and a similar number had received unwanted sexual images. Furthermore, a joint report by ChildFund International and the Africa Child Policy Forum highlighted that up to 13% of Kenyan children aged 12-17 have been blackmailed or threatened into participating in online sexual activities.

Kenya's Legislative Arsenal and Its Gaps

Speaker Wetang'ula, a lawyer by profession, argued that the amended Act aligns Kenya with international best practices, citing similar protective legislation in the United States, France, and the United Kingdom. The original Computer Misuse and Cybercrimes Act of 2018 already criminalized online child exploitation and the creation or distribution of child pornography. However, the 2025 amendment strengthens these provisions and empowers a dedicated commission to identify, penalize, and order the takedown of websites promoting pornography, cultism, or violent extremism.

This legislative framework is supported by other key statutes, including The Children Act, 2022, which enshrines the constitutional rights of children and establishes the National Council for Children's Services. Additionally, the Communications Authority of Kenya (CA) in April 2025 issued comprehensive Industry Guidelines for Child Online Protection and Safety, mandating that ICT service providers implement safety tools, age-verification systems, and privacy-by-design principles.

Despite this multi-layered legal approach, challenges in enforcement and public awareness persist. Dennis Otieno of the Federation of Female Lawyers (FIDA-Kenya) has previously noted that the reporting rate for online crimes against children is low, as many caregivers are unaware of the dangers or the legal recourse available.

Balancing Protection and Digital Freedoms

The government's push for stricter regulation has been met with apprehension from digital rights advocates. Organizations like the Bloggers Association of Kenya (BAKE) and KICTANet have raised concerns that laws such as the Cybercrimes Act could be used to stifle dissent and curtail freedom of expression. A recent BAKE report, “State of the Internet in Kenya: 2020-2024,” documented a trend of government overreach and censorship, arguing for reforms that protect digital rights while fostering a safe online environment.

Government Spokesperson Isaac Mwaura has countered these arguments, stating that the amendments are intended to combat child pornography, online extremism, and financial fraud, not to limit constitutional freedoms. Speaker Wetang'ula echoed this sentiment, referencing the 2023 Shakahola tragedy—where a cult leader used digital platforms for indoctrination—as a stark example of why such regulation is necessary. “We saw what happened in Shakahola, where innocent Kenyans lost their lives after being brainwashed through digital platforms. Such tragedies must never happen again,” he asserted.

The debate highlights a central challenge for Kenya: how to create a secure digital space for its youngest citizens without infringing on the fundamental rights that underpin its democracy. As technology evolves, so too will the threats. In October 2025, UNICEF and the GSMA launched the Africa Taskforce on Child Online Protection to create a coordinated, multi-stakeholder approach to these challenges, acknowledging the rapid emergence of risks from artificial intelligence.

Speaker Wetang'ula, who has served as the 8th Speaker of the National Assembly since September 2022, urged parents, educators, and technology companies to collaborate with the government. He called on parents to be vigilant about their children's online activities and for tech firms to proactively flag and remove harmful content, emphasizing that digital freedom comes with profound responsibility.