ODM nominated senator Crystal Asige has questioned the transparency of Kenya’s newly assented Computer Misuse and Cybercrimes (Amendment) Act, 2025, saying the Bill was passed without the Senate’s involvement despite affecting county functions.
In a detailed post shared on X, Asige said it was difficult to trace the Bill’s full legislative history, adding that such information should be readily available to the public.
She outlined that the Bill, officially titled Computer Misuse and Cybercrimes (Amendment) Bill No. 41 of 2024, was sponsored by the MP for Wajir East Constituency and published on August 9, 2024.
The Bill was read for the first time on November 25, 2024, before being referred to the Departmental Committee on Communication, Information and Innovation.
The committee then invited public participation through a print media notice on February 18, 2025, and sought input from key stakeholders including the Ministry of Information, Communication and the Digital Economy, KICTANet, and the Kenya Alliance of Residents Association.
According to Asige, the committee report was tabled in Parliament on April 29, 2025, and the Bill was later passed with amendments on September 25, 2025.
“The National Assembly Tracker indicates: ‘Passed. To be forwarded to the Senate for consideration,’” she noted.
However, Asige expressed concern that the Bill was later assented to on October 15, 2025, without Senate review.
“Before it was published in 2024, the two Speakers concurred that the Bill concerns counties, but the National Assembly ignored this and excluded the Senate in its processing,” she stated.
Her statement comes as legal experts and digital rights groups raise questions about the constitutionality of the law and the process used to pass it.
The amended Act introduces new provisions on online behavior, data protection, and penalties for cyber-related offenses.
Asige’s call for transparency adds pressure on lawmakers to clarify whether due process was followed and could reignite debate on the balance of power between the National Assembly and the Senate in passing laws that affect county functions.