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Kenya

Bill proposes Sh20mn fine for spewing hatred

If enacted to law, the Bill will protect human rights according to the CS, who says the inter-agency committee tasked with formulating it, continues to receive views ahead of its launch next week.

The Bill provides more detail on investigation procedures necessary for, “effective prosecution criteria for obtaining search warrants for seizure of computer equipment and applications for subscriber information from private and public entities.”

“The Bill provides for safeguards and conditions for use of investigative powers. These procedural law powers are provided for specified investigations as opposed to general surveillance and will be limited by safeguards and conditions to prevent their abuse,” Mucheru assured.

The procedures however, he said the will require, “not only capacity building for criminal justice actors but also for the public to ensure effective implementation of the Bill once enacted into law.”

It will also ensure crimes committed against say Kenyans or a local institution by an outsider are brought to book under a well stipulated international co-operation procedure.

It means Kenya will be in a position to obtain cross-border computer and cyber crime assistance in areas of evidence collection and expeditious preservation and collection of data.

Among the key stakeholders involved in the drafting of the Bill include the National Intelligence Service, National Police Service, Directorate of Public Prosecutions, Communication Authority of Kenya and Information Communication Authority.

The Interagency Committee received technical assistance from the Council of Europe in developing the Bill, which the CS says has great experience in the war against Cybercrime in the world.

The Bill could be enacted to law before the end of the year according to the CS.

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In the meantime, he says the ministry together with other key stakeholders will kick off, “an aggressive nation-wide sensitization programme lasting at least 12 months.”

“The Bill is a pacesetter. It has taken Kenya’s unique and local circumstances and marries the same with international best practices to ensure security for all Kenyans in cyber related interactions. It is not a generic Bill.”

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