The Kenyan government is set to establish a round-the-clock contact system to handle urgent requests for electronic evidence. This move aims to prevent the loss or deletion of digital data during investigations. The system will enable authorities to quickly respond to requests for electronic evidence, ensuring that crucial data is preserved in a timely manner.
The Directorate of Criminal Investigations will act as the permanent point of contact for such requests, according to James Kimuyu, director of the National Computer and Cybercrimes Co-ordination Committee. This development was announced during a parliamentary committee meeting on October 6. The Attorney-General’s Office will retain responsibility for mutual legal assistance and extradition matters.
The proposed framework is part of Kenya's push to join the Budapest Convention, an international treaty that standardises cybercrime laws and promotes cross-border cooperation on electronic evidence. The convention aims to facilitate international cooperation in combating cybercrime. Kenya's accession to the convention is currently under review by Parliament.
Under the proposed framework, foreign authorities will have to route requests for Kenyan-hosted electronic data through established mutual legal assistance channels rather than seeking direct access. This ensures that requests are assessed against Kenyan law to determine whether the conduct alleged constitutes an offence domestically. Ministry of Interior officials will be responsible for evaluating these requests.
Lawmakers have cautioned that any expansion of international cooperation must respect constitutional privacy rights. They have warned against using cybercrime tools for unlawful surveillance, citing past controversies such as the Cambridge Analytica data misuse. Officials have acknowledged that existing legislation needs updating to keep pace with evolving technology.
A significant challenge in implementing the new framework is the need for updated legislation and increased funding for forensic equipment, investigative systems, safeguards, and specialised training. The government must address these gaps to effectively handle electronic evidence requests and combat cybercrime.
The establishment of the 24/7 hotline and Kenya's potential accession to the Budapest Convention mark significant steps in the country's efforts to enhance its cybercrime response and international cooperation. The government aims to balance the need for effective law enforcement with the protection of citizens' privacy rights in the digital age.
Key points
- Kenya plans to establish a 24/7 contact point to handle urgent requests for electronic evidence.
- The proposed framework is part of Kenya's bid to join the Budapest Convention on Cybercrime.
- Lawmakers have emphasised the need to balance international cooperation with the protection of constitutional privacy rights.
