CYBERCRIME AND CYBERSECURITY IN KENYA

Published on: 19 Sep 2022

CYBERCRIME AND CYBERSECURITY IN KENYA
The use of internet has made the world an ever-increasing interconnected global village. As a result, Kenya has greatly embraced and continues to embrace a digital and liberalized economy that seeks to enhance more and more paperless transactions and business.
Inevitably, there is need for a legal framework to govern computer misuse and cybercrime that is now the new frontier for fraud, crime, terrorism, money laundering etc. Resultantly, President Uhuru Kenyatta signed the Computer Misuse and Cybercrimes Bill, 2018 .
SALIENT FEATURES OF THE ACT
A. The Act establishes the National Computer and Cybercrimes Co-ordination Committee. This committee has advisory, supervisory and coordinating functions and reports to the Government and the National Security Council on cybercrimes that would affect national security.
B. Gazettement of the National and Critical Infrastructural Establishments . These include but is not limited to;
• Mobile communication infrastructure/systems e.g Safaricom, Airtel, Telkom.
• Internet connectivity gateways i.e. satellites, cable networks, mobile internet networks etc.
• Internet protocol and domains e. g dot ke (.ke), dot go dot ke (. go.ke)
• Data centers e.g (National Integrated Identity Management Systems or Huduma Namba) and email systems and platforms.
• Electoral systems i.e IEBC voter registration database, results transmissions.
• Judicial systems i.e Judiciary e-filing.

This gazettement means that these establishments will be accorded added state protection against any form of attack such as the one witnessed on 11th January 2022 when electricity pylons in Naivasha, Nakuru County were vandalized causing their collapse which plunged the entire country into total darkness as reported by Kenya Power .
C. Criminalization of Cyber Crimes. The Act provides for the offences, investigatory procedures, prosecution of the same offences in courts and the punishments in form of hefty fines and lengthy prison sentences.
D. International co-operation. NC4 has mandate to work with agencies such as Interpol and other countries particularly on extradition of the suspects involved in cybercrimes on account of the interconnectivity of the world through the internet hence the high risk of a cyber-attack in Kenya and outside of it.
EFFORTS BY THE GOVERNMENT TO FOSTER CYBER SECURITY
• INTRODUCTION OF ELECTRONIC ELECTROL SYSTEM
Kenyan elections specifically 1992, 1997 and the bloodiest being 2007 have been characterized by claims of ballot stuffing, doctored voter registration lists and manual verification and transmission of results have always led to questionable results and ultimately violent protests. To cure this problem and curb future cybercrime, the Elections Act No. 24 of 2011 was enacted.
Section 44(1) of the Elections Act No. 24 of 2011 mandates the IEBC to have an integrated electronic electoral system that enables biometric voter registration, electronic voter identification and electronic transmission of results.
The Supreme Court in Raila Amolo Odinga & another v Independent Electoral and Boundaries Commission & 2 others [2017] eKLR Presidential Petition 1 of 2017 stated that for every election, IEBC should procure the technology at least 120 days before the general elections and the technology shall be simple, accurate, verifiable, secure, accountable, and transparent in accordance with Section 44(3) of the Elections Act and Article 86(a) of the Constitution of Kenya 2010 .
• STREAMLINING OF LANDS REGISTRY
The Ministry of Land and Physical Planning (MOLPP), the National Land Commission (NLC) and Key Partners in government developed the National Land Information System also known as Ardhi Sasa.
Ardhi Sasa, an online platform, has sought to enable land users to register their transactional documents digitally. At the click of a button, citizens can carry out online transactions, drastically reducing human interactions which are a frequent source of fraud and a definite cause of delays and inconveniences.
Ardhi Sasa has formulated direct relationships by joining up with the Ministry of Lands and the Law Society of Kenya in conducting the proper verification of Titles to properties and ensuring confirmation of the authenticity of Title documents and compliance issues. The platform requires the following -complete and accurate- information to verify the documents;
• a coloured size passport photograph as the account holder’s profile picture being the true representation of themselves.
• an advanced electronic signature for execution of documents is stored and adopted and cannot be redesigned by anyone else.
• User’s OTP (One Time Password).
• Transactional Advocates current valid practicing certificate.
Legal Notice 130 of 2020: The Land Registration (Electronic Transactions) Regulations, 2020 equally provide for a data privacy statement to ensure integrity and confidentiality of the user, information classification, access control, cryptography, physical and environmental security and monitoring and compliance.
COMMON CYBER CRIMES IN KENYA
The common offences provided for under part 111 of the Act are:- unauthorized access, unauthorized interference, false publications, child pornography, computer forgery, computer fraud, cyber harassment, identity theft and impersonation and phishing among others.
Under the Act, any person who operates a computer system or network whether private or public has an obligation to immediately report to the NC4 any attacks, intrusions, and other disruptions to the functioning of the computer system within 24 hours
The report must detail the nature of the breach, how it occurred, an estimate number of the people affected by the breach, an assessment of the risk of harm to the affected people and an explanation of any circumstances that would delay or prevent the affected persons from being informed of the breach.
For information on this subject, please do not hesitate to contact the lawyers whose details are set out below:
1) John Kisigwa