Itumbi clarifies cybercrime law, says it’s not new

Head of Presidential Special Projects and Creative Economy, Dennis Itumbi, has come out in defence of the controversial Computer Misuse and Cybercrimes (Amendment) Act, 2024, dismissing claims that it is a new law.

Through a series of posts on his official X account on Tuesday, October 22, 2025, Itumbi emphasised that the law was originally signed by former President Uhuru Kenyatta on May 16, 2018, and that the recent amendments merely update and expand its scope.

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“Let me explain something before the noise clouds the FACTS. The Computer Misuse and Cybercrimes Law is NOT new,” Itumbi wrote.

He called on Kenyans to understand the facts before reacting to what he described as “noise” surrounding the law.

Itumbi noted that even when the original law was enacted, it faced legal challenges from the Bloggers Association of Kenya (BAKE), the Kenya Union of Journalists (KUJ), and the Law Society of Kenya (LSK), who petitioned the High Court to declare it unconstitutional.

“The High Court listened to their arguments and dismissed the challenge, ruling the law constitutional,” he said.

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He added that the petitioners later appealed to the Court of Appeal, showing that legal scrutiny and debate over the law have been ongoing for years.

“This is not a new law. It is seven years old,” Itumbi reiterated, stressing that misinformation about the law being “recently introduced” was misleading the public.

The remarks follow a week after President Ruto signed the law, which expands the definition of computer misuse to include unauthorised access or modification, phishing, data harvesting, digital impersonation, and SIM card theft. Offenders can face imprisonment of up to two years, fines of up to Ksh 200,000, or both.

Itumbi explained that the changes include stricter definitions of computer misuse and cybercrime, covering phishing, data harvesting, digital impersonation, and unauthorised SIM card use.

The bill has already faced legal scrutiny. On Tuesday, October 21, 2025, Reuben Kigame and the Kenya Human Rights Commission (KHRC) filed a petition challenging the law, arguing that it contravenes constitutional protections and undermines the Data Protection Act.

He concluded by urging Kenyans to focus on verified information, highlighting that the law’s purpose is to safeguard the public and online spaces from criminal activities, including child exploitation, terrorism, and cyber fraud.