As smartphones become megaphones and hashtags rival headlines, Kenya finds itself grappling with an urgent dilemma: how to safeguard national security without silencing civic expression in an increasingly digital age.
Last week, Government Spokesperson Isaac Mwaura ignited a heated national debate after calling for stricter social media regulation citing the “unchecked weaponization” of digital platforms. Mwaura warned that the spread of misinformation, especially during politically sensitive periods, poses a serious threat to national stability.
“The democratization of cyberspace has made government or public communication to be akin to watering the ocean with a kitchen garden pipe,” he said Monday. “There is little even leverage. Think about that.”
Mwaura cited the recent uproar over the Finance Bill 2024 as a case study in how unverified content can stir public unrest before official communication is disseminated.
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He warned that the chaos fueled online is no longer just a communications failure, but a full-blown cybersecurity risk.
“We are seeing social media used not for luxury, but to glorify coups and delegitimize constitutional leadership,” he said. “That’s why you’re asking the question of social media,to bring it to perspective.”
Cybercrimes Act and Amendments
Mwaura’s remarks come amid mounting calls within government circles to revise the Computer Misuse and Cybercrimes Act.
A proposed amendment currently under parliamentary review seeks to grant the National Computer and Cybercrimes Coordination Committee (NC4) sweeping powers including the ability to block websites without judicial oversight, and to compel social media platforms to remove content or face suspension.
Proponents argue this is a necessary move to contain misinformation and hate speech, especially during elections and times of civil unrest.
However, digital rights groups and civil society organizations argue the amendment could open the floodgates to abuse.
“We’re seeing individuals who simply post on Facebook or X being abducted, arrested, or charged with fabricated offenses,” warned Angela Minayo, Programs Officer for Eastern Africa at ARTICLE 19, during the release of a digital rights report by the Paradigm Initiative in March.
James Wamathai, Partnerships and Advocacy Manager at the Bloggers Association of Kenya (BAKE), echoed the alarm.
“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.”
Shrinking Digital Civic Space
Kenya’s once-thriving digital ecosystem praised globally for innovation and democratic vibrancy is now facing increased censorship that threatens civil liberties and business prospects alike.
In March 2024, digital rights groups reported an uptick in surveillance, intimidation, and arbitrary arrests of journalists, bloggers, and citizens critical of government policies.
Activists claim the Cybercrimes Act, originally intended to combat online fraud and cyberterrorism, has morphed into a blunt instrument used to criminalize dissent.
Amidst these developments, the proposed Device Management System (DMS) has further stoked public outrage.
While the government argues the DMS will curb counterfeit gadgets and enhance cybersecurity, critics, including David Indeje from KICTANet, describe it as “a form of spyware” capable of accessing private calls, messages, and mobile money transactions without user consent.
Implication of digital consorship beyond civil liberties
With over 11 million active social media users mostly youth Kenya’s digital economy is a key growth sector.
Entrepreneurs, startups, influencers, and content creators rely on open access to the internet to drive innovation, marketing, and customer engagement.
Now, business leaders are raising concerns that increased censorship and potential internet shutdowns could deter investors and choke innovation in Silicon Savannah, Kenya’s thriving tech ecosystem.
During the June 2024 Finance Bill protests, 27 local and international organizations issued a stark warning about possible internet disruptions. Similar blackouts across Africa have cost economies millions of dollars in lost revenue.
“Digital freedoms are not just human rights issue they’re an economic imperative,” said Wamathai. “Limiting access doesn’t just silence voicesit shuts down livelihoods.”
Other African countries
Kenya is not alone. According to Access Now, 2024 has already seen 21 internet shutdowns across 15 African countries, often timed around elections or protests.
This growing trend of digital authoritarianism raises red flags for global watchdogs, who fear that state-imposed information control is becoming normalized.
The Arab Spring, the Cambridge Analytica scandal, and recent electoral disruptions in West Africa serve as grim reminders of how misinformation, manipulated online content, and state censorship can destabilize democracies.
The government faces a daunting challenge of balancing the right to free expression with the need for national stability and truthful communication. Mwaura insists the proposed regulations aim not to stifle speech, but to preserve order.
“If we want peace and progress, digital freedoms must be anchored in truth, civility, and respect for law,” he stated.
But civil society warns that overreach could backfire fueling more dissent, international condemnation, and digital resistance.
