NAIROBI, Kenya, Oct 23 – National Assembly Majority Leader Kimani Ichung’wah has defended the controversial amendment to Section 27 of the Computer Misuse and Cybercrimes Act, saying its intent was to protect young Kenyans from cyberbullying and depression, not to stifle free speech as claimed by critics.
Ichung’wah said the High Court’s decision to suspend the provision was based on misinformation, noting that the section already existed in the 2018 law assented to by former President Uhuru Kenyatta and had previously been upheld as constitutional.
“The provisions of Section 27 were assented to in 2018. The Bloggers Association of Kenya challenged them in court, and Justice Makau found them constitutional. Today, another judge has been misled by the same culture of misinformation and disinformation to suspend provisions of a bill that does not even exist,” Ichung’wah said.
Court suspends Sh20mn cyber harassment penalty in Cybercrime Act » Capital News
Speaking in Laikipia on Thursday, the Kikuyu MP said the 2025 Amendment, sponsored by Wajir East MP Adan Daud, was narrowly focused on addressing three emerging online threats — cyber recruitment into terrorism, religious extremism and cultic behavior, and exposure to pornographic content.
He explained that the change to Section 27 merely added a clause making it an offence if online bullying is “likely to cause someone to commit suicide,” describing it as a moral and mental health safeguard.
“Our young people are dying from teenage depression because of being terrorized online through cyberbullying. That amendment sought to protect the children of Kenya so they do not take their own lives,” Ichung’wah said, adding that psychologists and psychiatrists had warned him that online harassment was fueling a silent epidemic of depression among youth.
Global examples
The Majority Leader cited global examples, including US government sanctions against digital platforms such as ChatGPT for allegedly providing harmful content, to argue that Kenya must strengthen laws to protect minors and vulnerable users from harmful online material.
“There is no country in the world, other than Kenya, where you can access pornographic sites without any sanction. This amendment was meant to save our children and our society from moral decay,” he added.
Govt clarifies website takedowns under Cybercrime Act subject to judicial review (capitalfm.co.ke)
Ichung’wah also appealed to faith leaders and citizens to support Parliament’s efforts to reinforce the legal framework against digital harm, saying the goal was to “preserve the moral fabric of the nation,” not suppress freedoms.
He expressed concern that a “disease of misinformation and disinformation” was influencing public opinion — and even judicial reasoning — warning that misinterpretation of laws could erode public trust in institutions.
“If misinformation can mislead a judge into suspending provisions based on a non-existent bill, then we have a societal problem. We must defend truth, protect our children, and strengthen our nation’s moral foundation,” he said.
Ichung’wah called for unity and empathy, urging Kenyans to reject mockery, hate, and divisive narratives — including those targeting leaders during times of illness or grief — and to focus instead on building a compassionate and informed society.
