Clerics fault Ruto, MPs over oppressive computer misuse laws

A section of religious organisations has faulted Parliament and President William Ruto for enacting what they termed "punitive" computer misuse laws.

The Church and Clergy Association of Kenya said yesterday the Computer Misuse and Cyber Crime (amendment) Act, signed into law on October 15, is oppressive, draconian and anti-democratic, and could be abused by government operatives to muzzle critics ahead of 2027 elections.

The church cannot keep silent at a time when unconstitutional and oppressive laws are passed by Parliament, which derives its power from the people, the organisation said, led by its national chairman Hudson Ndeda.

“We continue to reiterate that the Computer Misuse and Cybercrime (amendment) Act contains sections that are punitive and oppressive,” he said.

The Act amended the Computer Misuse and Cybercrimes Act of 2018, making it the country’s comprehensive law to prevent, detect and prosecute cybercrimes, and the changes are meant to update it in light of the 2024 Gen Z protests.

The act aims to protect computer systems and data, prevent misuse and facilitate international cooperation.

Key amendments in the 2025 Act expand phishing protection to a wider range of communications and add new court powers to order the removal of offending materials in certain cases

But the association is concerned that in a society where young people utilise electronic gadgets to agitate for better rights and earning a living through content, “the parliamentarians were not mindful when passing this law”.

“The concern of the church is that 2027 is approaching and having such a law in our country is not good for the political climate,” Ndeda said.

"We also have noted with concern the issue on religious extremism in the Religious Organisations Bill, 2024, which in our view is open to abuse and will be used to persecute innocent clergy serving the people of God. This targets online preaching and Christian TV content; we strongly reject that."

"We laud the High Court for issuing conservatory orders against the said law and we hope that justice shall prevail."

They say having sailed through Parliament, President Ruto should have vetoed it and proposed reviews that would have preserved the fundamental freedoms protected in the constitution.

Some sections of the law have since been temporarily struck off by the High Court, pending substantive determination.

At the same time, the men of the cloth took issues with the provisions that seeks to curb religious extremism in the country.

The government has said the computer misuse law also sought to control radicalisation by religious leaders that use digital platforms.

They say the Bill, which incorporates some of the provision of a similar proposal last year, is also open to abuse to target preachers and curtail their rights.

“We strongly oppose the introduction of the Rev Mutava Musyimi Religious Bill, 2024, as it is; we note that the same punitive fines and jail terms proposed in are the same being introduced in the Computer Misuse and Cybercrime Bill.”

We kindly urge the President to intervene and ensure the said Religious Organisations Bill mirrors the proposal made by the clergy from across the country, they said.

“The constitution is clear that the state and religion shall be separate hence we wonder why the government is keen on regulating religious institutions while introducing punitive fines and jail term.”

Instant analysis

The church is apprehensive that in the event this bill sees the light of day, the supposedly fight against religious extremism will crack down on online preaching, target Christian television content hence intimidate the clergy from discharging their duties.