President Uhuru Kenyatta has signed into law the Computer Misuse and Cybercrimes Bill 2018 that criminalizes abuse of persons on social media, removing the legal lacuna that existed.

The Act – which spells out stiff punishment to cybercriminals –provides for timely and effective detection, prohibition, prevention, response, investigation and prosecution of computer and cybercrimes.

This includes search and seizure of stored computer data, record of and access to seized data, production order for data, expedited preservation, partial disclosure, real-time collection and interception of data.

The Act establishes the National Computer and Cybercrimes Coordination Committee and facilitates international co-operation in dealing with computer and cybercrime matters.

It deals with offences relating to computer systems including but not limited to unauthorised access, unauthorised interference, unauthorised interception, unauthorised disclosure of passwords, cyber espionage, false publications, child pornography, cyber terrorism and wrongful distribution of obscene or intimate images.

The Act also deals with computer forgery, computer fraud, cyber harassment, publication of false information, cybersquatting, identity theft and impersonation, phishing, interception of electronic messages or money transfers, willful misdirection of electronic messages and fraudulent use of electronic data among other cyber crimes.

President Kenyatta also assented to the Public Trustee (Amendment) Bill, 2018. This Bill amends various provisions of the Public Trustee Act, bringing it into conformity with the Constitution.

The Bills were presented to the President for signing by National Assembly Speaker Justin Muturi.

Present during the signing at State House, Nairobi, were Deputy President William Ruto, Interior Cabinet Secretary Fred Matiang’i, National Assembly Majority Leader Aden Duale, Attorney General Paul Kihara Kariuki and Solicitor General Kennedy Ogeto. </s> NAIROBI (Reuters) - Kenya’s President Uhuru Kenyatta signed a new law on Wednesday that outlaws the abuse of people on social media but which critics say could be exploited to repress civil liberties.

Proponents of the law, including the legislators who pushed it through parliament, say the proliferation of social media has given rise to new crimes including online scams, which were not covered by previous laws.

New York-based media rights watchdog the Committee to Protect Journalists (CPJ) warned last week however that the bill could criminalize free speech, “with journalists and bloggers likely to be among the first victims if it is signed into law”.

The law lays the ground for investigation and prosecution of computer and cybercrimes including cyber-harassment and “publication of false information”, a statement from the presidency said.

Violations to be penalized under the law include cyber-espionage, false publications, child pornography, computer-borne forgery, cyber-stalking and cyber-bullying among others, the statement said, without spelling out the penalties.

Offenders convicted for sharing “false” or “fictitious” information and propagating hate speech will be liable to a fine of 5 million shillings ($49,776.01) or sentenced to two years in jail, or both.

Lawmakers passed the bill last month despite protests from media practitioners and rights activists that its provisions could be used to stifle press freedoms.

Kenya joins other countries in the region that have passed laws that activists say will curtail free expression.

Earlier this month, Tanzanian bloggers and rights activists won a temporary court injunction against a government order to register online platforms that raised concerns about a crackdown on free speech. [L8N1SB3CZ]

In April, Uganda, another East African country acting to regulate internet use, announced plans to slap a new tax on social media users. </s> Kenyan President Uhuru Kenyatta on Wednesday signed into law a sweeping cyber-crimes act criminalising fake news and online bullying, with clauses that critics argue could stifle press freedom.

The bill imposes stiff fines and jail terms for hacking, computer fraud, forgery of data, cyber espionage, publishing child pornography or sending pornographic content via any electronic means.

However, bloggers and media rights activists have expressed alarm over a clause which criminalises the publication of “false, misleading or fictitious data.”

Punishment for this can be a fine of $50,000 (42,000 euro) or up to two years in prison, or both.

The Committee for Protection of Journalists (CPJ) last week urged Kenyatta not to sign the bill, arguing it would make it easy for authorities to gag journalists publishing information they dislike.

“Kenyan legislators have passed a wide-ranging bill that will criminalise free speech, with journalists and bloggers likely to be among the first victims if it is signed into law,” said CPJ’s Africa coordinator, Angela Quintal.

Additionally, anyone found guilty of publishing false information that “is calculated or results in panic, chaos, or violence” or that is “likely to discredit the reputation of a person” can be fined $50,000 or jailed for up to 10 years.

Article 19, a London-based freedom of expression watchdog, in an April analysis of the bill, said it contained important additions modelled after relevant international standards.

However it also “contains several broadly defined offences with harsh sentences that could dramatically chill freedom of expression online in Kenya.”

Rights activists have warned about an increasingly hostile and oppressive environment for journalists in Kenya, after a dramatic and bloody election season in 2017.

“While political tensions have eased, the ability of journalists to report and comment freely continue to be undermined by state officials,” Human Rights Watch said earlier this month.

In January government closed three television stations for a week after they tried to provide live coverage of opposition leader Raila Odinga staging a mock inauguration ceremony, a move criticised by Kenya’s foreign allies.

Then in March, eight prominent columnists working for Kenya’s biggest media group, the Nation Media Group, quit over increased meddling by government and a loss of media freedom at its outlets. </s> President Uhuru Kenyatta has signed the Cybercrimes Bill into law, meaning you will pay Sh5 million if you spread false information electronically.

The signing of Computer Misuse and Cybercrimes Bill, 2018 took place at State House in Nairobi on Wednesday.

The law criminalises abuse of persons on social media, removing the legal lacuna that existed.

The Act – which spells out stiff punishment to cybercriminals – provides for timely and effective detection, prohibition, prevention, response, investigation and prosecution of computer and cybercrimes.

This includes search and seizure of stored computer data, record of and access to seized data, production order for data, expedited preservation, partial disclosure, real-time collection and interception of data.

The Act establishes the National Computer and Cybercrimes Coordination Committee and facilitates international co-operation in dealing with computer and cybercrime matters.

It deals with offences relating to computer systems including but not limited to unauthorised access, interference, interception and disclosure of passwords, as well as cyber espionage, false publications, child pornography, cyber terrorism and wrongful distribution of obscene or intimate images.

The Act also deals with computer forgery, computer fraud, cyber harassment, publication of false information, cybersquatting, identity theft and impersonation, phishing, interception of electronic messages or money transfers, willful misdirection of electronic messages and fraudulent use of electronic data among other cyber crimes.

Sharing fake news and propagating hate speech will attract an Sh5 million fine or a two-year prison sentence, or both.

Sharing pornography through the various electronic means will attract a maximum fine of Sh300,000 or 30 years in prison or both if proven.

Parliament passed the Computer and Cyber Crimes Bill last month despite protests from the media that it could be abused to stifle press freedom. </s> NAIROBI, Kenya | Kenya’s Supreme Court on Friday nullified President Uhuru Kenyatta’s election win last month as unconstitutional and called for new elections within 60 days, shocking a country that had been braced for further protests by opposition supporters.

Kenyatta said he “personally disagrees” with the ruling but respects it, but he lashed out at the judges, saying that “six people have decided they will go against the will of the people.” He called for peace in a country where some elections have been followed by deadly violence.

No presidential election in the East African economic hub has ever been nullified. Opposition members danced in the streets, marveling at the setback for Kenyatta, the son of the country’s first president, in the long rivalry between Kenya’s leading political families.

A supporter of opposition leader Raila Odinga celebrates in front of a police barrier after hearing the verdict, on a street opposite the Supreme Court in downtown Nairobi, Kenya Friday, Sept. 1, 2017. Kenya's Supreme Court on Friday nullified President Uhuru Kenyatta's election win last month and called for new elections within 60 days, shocking a country that had been braced for further protests by opposition supporters. (AP Photo/Ben Curtis) Opposition leader Raila Odinga raises a fist as a sign of victory to his supporters as he leaves the Supreme Court in downtown Nairobi, Kenya Friday, Sept. 1, 2017. Kenya's Supreme Court on Friday nullified President Uhuru Kenyatta's election win last month and called for new elections within 60 days, shocking a country that had been braced for further protests by opposition supporters. (AP Photo/Ben Curtis) A supporter of opposition leader Raila Odinga celebrates after hearing the verdict in Kibera Slums in Nairobi, Friday, Sept. 1, 2017. Kenya's Supreme Court on Friday nullified President Uhuru Kenyatta's election win last month and called for new elections within 60 days, shocking a country that had been braced for further protests by opposition supporters. (AP Photo/Brian Inganga) Kenya's President Uhuru Kenyatta speaks to the nation in this image taken from TV, Friday Sept. 1, 2017. Kenya's Supreme Court on Friday nullified President Uhuru Kenyatta's election win last month and called for new elections within 60 days, shocking a country that had been braced for further protests by opposition supporters.(Kenya TV pool via AP) A young supporter of opposition leader Raila Odinga holds a poster as she celebrate after hearing the verdict in Kibera Slums in Nairobi, Friday, Sept. 1, 2017. Kenya's Supreme Court on Friday nullified President Uhuru Kenyatta's election win last month and called for new elections within 60 days, shocking a country that had been braced for further protests by opposition supporters. (AP Photo/Brian Inganga) Kenyan Supreme Court judges, from left to right, Njoki Ndung'u, Jackton Ojwang, Deputy Chief Justice Philomela Mwilu, Chief Justice David Maraga, Smokin Wanjala and Isaac Lenaola preside to deliver the election petition judgement, Friday, Sept. 1, 2017 in Nairobi, Kenya. Kenya's Supreme Court has overturned President Uhuru Kenyatta's re-election dismissing backing a petition by veteran opposition leader Raila Odinga who claimed votes had been manipulated to deny him victory. (AP Photo/Sayyid Abdul Azim) A supporter of opposition leader Raila Odinga celebrates after hearing the verdict in the Kibera Slums, in Nairobi, Friday, Sept. 1, 2017. Kenya's Supreme Court on Friday nullified President Uhuru Kenyatta's election win last month and called for new elections within 60 days, shocking a country that had been braced for further protests by opposition supporters. (AP Photo/Brian Inganga)

“It’s a very historic day for the people of Kenya and by extension the people of Africa,” said opposition candidate Raila Odinga, who had challenged the vote. “For the first time in the history of African democratization, a ruling has been made by a court nullifying irregular election of a president. This is a precedent-setting ruling.”

The six-judge bench ruled 4-2 in favor of the petition filed by Odinga. He claimed the electronic voting results were hacked into and manipulated in favor of Kenyatta, who had won a second term with 54 percent of the vote.

The court did not place blame on Kenyatta or his party. It said the election commission “committed illegalities and irregularities … in the transmission of results, substance of which will be given in the detailed judgment of the court” that will be published within 21 days.

Odinga’s lawyer had argued that a scrutiny of the forms used to tally the ballots had anomalies that affected nearly 5 million votes.

Commission chairman Wafula Chebukati said Friday they will make personal changes before the new vote, and he invited the prosecution of any staffer found to be involved in malpractice.

Odinga called for the election commission to be disbanded.

The lead counsel for the president, Ahmednassir Abdulahi, told the court that the nullification was a “very political decision” but said they will live with the consequences.

International election observers, including former Secretary of State John Kerry, had said they saw no interference with the vote.

Two dozen countries including the United States, which already had congratulated Kenyatta on his victory, issued a joint statement Friday saying the court’s ruling “demonstrated Kenya’s resilient democracy and commitment to the rule of law.”

Odinga, a longtime opposition candidate and the son of Kenya’s first vice president, had unsuccessfully challenged the results of the 2013 vote that Kenyatta won. Odinga’s supporters at first had said they would not go to court this time but filed a petition two weeks ago.

Kenya had been braced for further protests as the court prepared to rule, with police deployed to sensitive areas of the capital, Nairobi, and streets near the court were barricaded. Human rights groups have said police killed at least 24 people in unrest that followed the Aug. 8 vote.

“Thank you, Jesus!” one woman shouted. “I’m telling, God is on our side.”

“This has shown all (election) observers did not do their job. We want an apology,” said John Wekesa, who was dancing outside the court.

Unease around the election rose when the official who oversaw the electronic voting system was found tortured and killed days before the vote. But the unrest following the vote was far calmer than the post-election violence a decade ago that left more than 1,000 people dead.

“We are not at war with our brothers and sisters in the opposition because we are all Kenyans,” Kenyatta said on national television. But he added: “Five or six people cannot change the will of 45 million people.” </s> President Uhuru Kenyatta on Monday gave the clearest sign yet that Kenya is leaving from the International Criminal Court (ICC).

The President said the government will consider two motions passed by Parliament for Kenya’s withdrawal from the ICC.

He said the latest decision is informed by the failure by the ICC to reform so that it can have respect for national sovereignty of member countries.

“We have sought the changes that will align the ICC to respect for national sovereignty. Those changes have not been forthcoming. We will therefore need to give serious thought to our membership,” said the President.

READ: Kenya criticises ICC at United Nations meeting

 The Head of State, who spoke when he led Kenyans in the Jamhuri Day (independence day) celebrations, said the ICC showed a lack of impartiality when it dealt with Kenya and many more nations have recognised the same.

“We are not the world’s richest or most powerful nation, but we are entitled to an equal share of respect for our nationhood, our sovereignty, and our laws,” said the President.

Stable and just world

He said Kenya has been a champion of global institutions grounded in fairness and respect for national sovereignty as part of its pursuit of a more stable and just world.

“The Kenyan cases at the International Criminal Court have ended but the experience has given us cause to observe that this institution has become a tool of global power politics and not the justice it was built to dispense,” said the President.

He said the choices Kenyans make are the basis for how Kenya will steer its destiny as a sovereign state.

“Our founders fought bravely to have the right to make choices free of external interference,” he said.

The President added that the ICC was a tool being used by foreign powers who wanted to undermine Kenya’s sovereignty. </s> NAIROBI, KENYA - Kenya's president on Monday criticized the International Criminal Court as “not impartial,” saying his government “will give serious thought” to its membership of the court.

In a speech during celebrations marking 53 years since Kenya became independent, President Uhuru Kenyatta said he believed he would win a second term next year despite what he called “divisive politicians, external powers, the ICC or paid protesters.”

Kenyatta was elected in 2013 as he and his running mate, William Ruto, faced criminal charges at the ICC over their alleged roles in post-election violence in 2007-2008.

The charges against Kenyatta were withdrawn in 2014 while the case against Ruto was terminated earlier this year.

“In our pursuit of a more stable and just order, we are champions of global institutions grounded in fairness and respect for national sovereignty,” Kenyatta said Monday. “The Kenyan cases at the International Criminal Court have ended but the experience has given us cause to observe that this institution has become a tool of global power politics and not the justice it was built to dispense.”

He added: “We have started to see many more nations openly recognizing that the ICC is not impartial. Some have withdrawn. Others have considered that step. Twice, our parliament has passed motions to withdraw. We have sought the changes that will align the ICC to respect national sovereignty. Those changes have not been forthcoming. We will therefore need to give serious thought to our membership.”

South Africa, Burundi and Gambia have announced plans to withdraw from The Hague-based court.

Meanwhile, Kenyan police fired tear gas on Monday to disperse a protest march against government corruption.

The march was part of a protest movement by activists who want the government to do more to stem what they charge is rampant graft within the administration.

Police arrested at least three protesters in the capital, Nairobi, when they broke up the demonstration. The group later reunited at another location and resumed the march.

Kenya is considered to be among the world's most corrupt countries, ranking 139 out of 168 countries in a 2015 index by Transparency International. </s> Nairobi — Kenya’s president on Monday criticised the International Criminal Court as “not impartial”, saying his government “will give serious thought” to its membership of the court.

In a speech during celebrations marking 53 years since Kenya became independent, President Uhuru Kenyatta said he believed he would win a second term next year despite what he called “divisive politicians, external powers, the ICC or paid protesters”.

Kenyatta was elected in 2013 as he and his running mate, William Ruto, faced criminal charges at the ICC over their alleged roles in post-election violence in 2007-2008.

The charges against Kenyatta were withdrawn in 2014 while the case against Ruto was terminated earlier this year.

“In our pursuit of a more stable and just order, we are champions of global institutions grounded in fairness and respect for national sovereignty,” Kenyatta said Monday.

“The Kenyan cases at the International Criminal Court have ended but the experience has given us cause to observe that this institution has become a tool of global power politics and not the justice it was built to dispense.”

He added: “We have started to see many more nations openly recognising that the ICC is not impartial. Some have withdrawn. Others have considered that step. Twice, our parliament has passed motions to withdraw. We have sought the changes that will align the ICC to respect national sovereignty. Those changes have not been forthcoming. We will therefore need to give serious thought to our membership.”

Meanwhile, Kenyan police fired tear gas on Monday to disperse a protest march against government corruption.

The march was part of a protest movement by activists who want the government to do more to stem what they charge is rampant graft within the administration.

Police arrested at least three protesters in the capital, Nairobi, when they broke up the demonstration. The group later reunited at another location and resumed the march.

Kenya is considered to be among the world’s most corrupt countries, ranking 139 out of 168 countries in a 2015 index by Transparency International.

African nations have long felt they are unfairly targeted by The Hague-based court, and the current exodus began when Burundi in October voted to leave the ICC, after the court’s prosecutor said she might open a case against the government.

South Africa and The Gambia quickly followed suit, raising fears of mass defections from the continent.

The tribunal opened in 2002 in The Hague as a court of last resort to try the world’s worst crimes where national courts are unable or unwilling to act.

Currently nine out of the 10 ICC investigations are in African countries. The other is in Georgia.

However experts point out that many of the current investigations — in the Central African Republic, Uganda, Mali and the Democratic Republic of Congo — were referred to the ICC by the governments of those states.

Cases in Libya and the Sudanese region of Darfur were referred by the UN Security Council. Only in Kenya and Cote d’Ivoire did the ICC’s prosecutor initiate investigations.

Kenya was actually the first country to hold a vote to leave the court in 2013 with a symbolic motion in parliament which was never formalised.

Kenya’s 2007 elections were marred by allegations of vote rigging, but what began as political riots quickly turned into ethnic killings and reprisal attacks, plunging Kenya into its worst wave of violence since independence in 1963.

Kenyatta and Ruto were fierce rivals in the 2007 vote, but teamed up in peaceful 2013 polls. — AFP </s> NAIROBI: Supporters of Kenyan opposition leader Raila Odinga gathered in Nairobi Tuesday ahead of a ceremony to swear him in as an alternative president, three months after he claims an election was stolen from him.

The planned "inauguration" has raised fears of violence as police had vowed not to allow the event to go ahead. However officers kept their distance as hundreds gathered at the Uhuru park venue.

Odinga, 72, a veteran opposition leader who claims he has had three elections stolen from him, has refused to accept President Uhuru Kenyatta's re-election, which came after a deeply divisive 2017 polls season in which rights activists say at least 92 people were killed.

First was an election on August 8, won by Kenyatta, which was annulled in a historic decision by the Supreme Court, which ordered a re-run on October 26.

Claiming the poll would not be fair, Odinga boycotted the second vote and Kenyatta won with 98 percent.

Odinga postponed a previous effort to swear himself in last month, but his party insists Tuesday's event will take place.

'People's assemblies' 

 "We intend to hold a peaceful event, in total compliance with the constitution and the law," read a statement from the National Super Alliance (NASA) coalition.

"We nonetheless wish to put the Jubilee (party) administration on notice that we will accomplish our mission come hell or high water."

While officers patrolled on horseback from a distance, police sources said a decision had been taken to avoid confrontation, after the city police chief earlier said "the grounds will be a no-go zone".

Attorney General Githu Muigai warned last month that any "swearing-in" would be treasonous, raising the possibility of Odinga's arrest, a move that would heighten tensions.

"Let them have the park and carry on with their political activities as long as it is within the law," a senior officer said.

Since boycotting the re-run poll, citing a lack of reform at the election commission, NASA's strategy has been to challenge Kenyatta's legitimacy by seeking to establish parallel government structures.

Opposition politicians have convened so-called "people's assemblies" in some counties and the inauguration of Odinga as "people's president" is seen as the culmination of this process.

Kenya's editors guild released a statement on Monday night saying that Kenyatta and his deputy William Ruto had summoned media managers and editors, threatening to "shut down and revoke the licences of any media house that would broadcast live" the swearing-in.

One of the country's main television and radio broadcasters, Citizen TV -- which had been covering the event reported online mid-morning that its transmission had been switched off by the communications authority.
Kenyan President Uhuru Kenyatta signs a law outlawing cyber-espionage, cyber-bullying, and the "publication of false information."