BAKE's Partnerships and Advocacy Manager
In recent years, Kenya’s digital landscape has transformed into a battleground for civil liberties, with human rights organizations raising alarms over increasing threats to online freedoms in digital spaces.
Surveillance, intimidation, arbitrary arrests, and the misuse of legal frameworks have become prevalent tools wielded against online users, bloggers, and journalists.
At the forefront of this concern is the Computer Misuse and Cybercrimes Act, which continues to raise eyebrows, with lobby groups now taking issue with it.
Angela Minayo, Programs Officer for Eastern Africa at ARTICLE 19, who spoke during the launch of a new report on digital rights by the Paradigm Initiative (PIN) asserted that the bill has become the preferred instrument for silencing dissent.
“We’re seeing ordinary citizens, who merely post on Facebook or X, being abducted, arrested, or slapped with trumped-up charges,” Minayo stated.
She further warned of proposed amendments that would empower the National Computer and Cybercrimes Coordination Committee (NC4) to block websites without judicial oversight, describing it as “a dangerous path.”
Her sentiments were echoed by the Bloggers Association of Kenya (BAKE) who continue to voice apprehensions on the bill.
James Wamathai, BAKE’s Partnerships and Advocacy Manager, emphasized, “The same human rights we enjoy offline are the same ones that must be preserved online. The safety of bloggers is directly tied to the safety of journalists and the general public. If one group is not safe, no one is.”
Demas Kiprono, Deputy Director at the International Commission of Jurists (ICJ) Kenya Chapter, highlighted the pivotal role of digital platforms as modern public squares.
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“We’re seeing a disturbing trend of arrests, disappearances, and legal harassment. It’s time to review these laws and empower citizens to understand and defend their inherent rights,” Kiprono urged.
This crackdown is not occurring in isolation.
In June 2024, 27 local and international organizations expressed concerns over potential internet and mass media disruptions during protests against the Finance Bill 2024.
They warned that such actions would severely undermine citizens’ rights to organize, demonstrate, and participate in policymaking processes.
The #RejectFinanceBill2024 hashtag became a symbol of collective efforts to engage in meaningful dialogue regarding the bill’s implications.
Moreover, the government’s plan to implement a Device Management System (DMS) has sparked fears of increased state surveillance.
While authorities argue that the DMS aims to curb counterfeit devices and enhance cybersecurity, digital rights campaigners contend that it could violate users’ privacy rights.
David Indeje from KICTANet labeled the system “a form of spyware,” expressing concerns over unauthorized access to personal data, including calls, messages, and financial transactions.
The broader African context reflects a troubling trend.
In 2024, digital blackouts reached a record high, with 21 shutdowns across 15 countries.
Governments and other entities imposed these shutdowns in response to conflicts, protests, political instability, and elections, effectively weaponizing internet access and leaving communities disconnected during critical times.
