Cybercrime law not out to muzzle dissent, Bill a victim of falsehoods says Dagoreti MP Kiarie

A lawmaker has poured cold water on claims that the computer misuse and Cybercrime law is meant to muzzle dissenting voices against government. 

Dagoretti South MP John Kiarie yesterday termed the ongoing debate on the same online as being premised on falsehoods.

He said that the law assented by President William Ruto  last week, but has since been  suspended by the courts - was a victim of misinformation, adding that it only seeks to address emerging threats such as child trafficking, extremism and terrorism aided by technology. 

"Of the laws approved by the President,  there is none that seeks to gag or limit the freedoms of Kenyans. It is also not true that the Cybercrime and computer misuse law is meant to protect politicians from online criticism.  As leaders, we should be able to handle criticism and praise in equal measure, " said Kiare who is also the National Assembly’s ICT committee chairperson.

On Wednesday, the High Court suspended the implementation of crucial sections of the Cybercrime Act , 2025 after the Law Society of Kenya filed a petition. Justice Lawrence Mugambi of the Milimani High Court issued interim conservatory orders halting the implementation of section 27(10 (b), (c) and (2) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, pending the hearing of a petition lodged by LSK.

“Pending the hearing and determination of this application, a conservatory order is hereby issued suspending the enforcement, implementation and operation of section 27 of the Cybercrime Act,” Justice Mugambi ordered.

The petition accused President Ruto of secretly assenting to the law on October 15, 2025 just hours after the nation was plunged into mourning following the sudden death of former Prime minister Raila Odinga.

According to court papers by LSK’s lawyers Benjamin Bosongo, the contested sections introduce new criminal liabilities that are broad, imprecise and unconstitutional. One such amendment was section 27 which criminalizes any publication of false or misleading information that is “likely to cause another person to commit suicide.”

He argued that the amendment transforms a deeply complex psychological question into a criminal offence and exposes ordinary citizens to arbitrary prosecution.

The law has also kicked up a storm online with the public accusing Parliament and the Head of State of approving a vague law that is prone to abuse by the state to muzzle dissent.

But Kiarie yesterday noted that most of the issues raised about the law online had nothing to do with the Bill approved by Parliament.

“The Cybercrime Act has existed since 2018 and the amendments that were made were to fortify it. Section 27 for instance was amended to accommodate acts that may result to another person committing suicide, “he said.

Responding to claims that the law was vague and was bound to misuse by state agents  he said there were mechanisms in place to guard against the same.

“If there are excesses in implementation of these laws, the courts are there to regulate,” he added.

The government has also come out to defend the Bill noting that closure of websites under the revised Cybercrime Act will be undertaken subject to judicial review amid a court battle over the amended law.

Government Spokesperson Isaac Mwaura yesterday said the National Computer and Cybercrimes Coordination Committee (NC4) will only shut down websites based on credible evidence and with the court’s approval.

He observed that new provisions seek to restrain unlawful activities, with NC4 required to seek judicial review in accordance with Articles 47 and 50 of the Constitution.

“The new amendments do not curtail freedom of expression or give government agencies unchecked power to silence dissent, as alleged,” Mwaura stated  at the Harambee Annex Media Centre.

He added, “Rather, they strengthen Kenya’s capacity to combat real and growing threats such as child pornography, online extremism, terrorism propaganda, cyber-harassment, identity theft and financial fraud.”

Mwaura further explained that the NC4 task team—comprising experts from security, ICT, and intelligence agencies—will function as a technical coordination mechanism, not as a censorship body.

Notably, the Cybercrime amendment Bill was one of eight Bills assented to by President William Ruto on October 15, 2025, alongside the Wildlife Conservation and Management (Amendment) Act, National Police Service Commission (Amendment) Act, Land (Amendment) Act, National Land Commission (Amendment) Act, Air Passenger Service Charge (Amendment) Act, Virtual Asset Service Providers Act, and Privatization Act.