The Kenyan Parliament's Departmental Committee on Communication, Information and Innovation has expressed concerns about the country's preparedness to join the Budapest Convention on Cybercrime. Committee members, led by Dagoretti South MP John Kiarie, have identified gaps in legislation, funding and inter-agency coordination that could hinder Kenya's ability to meet its obligations under the convention. The committee heard from officials of the Ministry of Interior and National Administration, who defended the accession proposal.
Ministry officials, including Principal Administrative Secretary Jacob Narengo, stated that Kenya would attach reservations to protect its sovereignty. These reservations would require foreign authorities to request electronic evidence through established mutual legal assistance channels. Requests would be assessed against domestic law to ensure that the conduct under investigation also constitutes an offence in Kenya. The country would retain the right to handle prosecutions locally where appropriate.
Privacy advocates within the committee have warned that cybercrime measures must not become a pretext for unlawful surveillance. They emphasized the importance of constitutional protections on privacy. Kiarie highlighted the difficulty of balancing rapid technological change with safeguarding fundamental rights, referencing past controversies such as Cambridge Analytica to illustrate surveillance risks. The committee stressed the need for careful consideration of these issues.
The committee also identified jurisdictional disputes between the Interior and ICT ministries as a major obstacle to developing coherent cybersecurity structures. Legal head Kefa Onyiso disclosed that these disputes have hampered the development of effective cybersecurity measures. The committee called on Parliament to resolve competing mandates and ensure a coordinated approach to cybersecurity.
Ongoing legislative work, including amendments to the Computer Misuse and Cybercrimes Act and the Kenya Information and Communications Act, aims to keep the legal framework abreast of evolving cyber threats. Committee members noted that these amendments are crucial to addressing the country's cybersecurity challenges. However, funding shortfalls were identified as a major obstacle to effective cybersecurity measures.
Officials stressed the need for continuous investment in digital forensics, surveillance safeguards, investigative systems and specialised training. Colonel Dr James Kimuyu, director of the National Computer and Cybercrimes Coordination Committee, outlined that the Directorate of Criminal Investigations would act as a 24/7 contact point for urgent foreign requests involving electronic evidence. This would enable Kenya to respond quickly to international requests.
The committee will review the submissions before recommending to the National Assembly whether Kenya should proceed with accession to the convention. Kenya was invited to join the Budapest Convention in 2024, and while its Computer Misuse and Cybercrimes Act already mirrors many treaty principles, MPs urged that accession should not merely add another international duty without clear agency mandates, resources and legal safeguards.
Key points
- Kenyan MPs have identified gaps in legislation, funding and inter-agency coordination that could hinder the country's ability to meet its obligations under the Budapest Convention on Cybercrime.
- The committee has called for careful consideration of the risks of surveillance and the importance of constitutional protections on privacy.
- Ongoing legislative work and continuous investment in cybersecurity measures are crucial to addressing the country's cybersecurity challenges.
