- MPs have raised concerns over Kenya’s preparedness to join a global cybercrime treaty
- Government agencies have pointed to gaps in coordination and resources
- Parliament is weighing safeguards to protect digital privacy as cooperation expands
Kenya’s bid to join the Budapest Convention on Cybercrime has exposed serious weaknesses in the country’s fight against digital crime, with Members of Parliament (MPs) warning that poor coordination, outdated laws and inadequate funding could undermine the treaty’s implementation.
The National Assembly Departmental Committee on Communication, Information and Innovation said Kenya must first strengthen its domestic cybercrime framework and clarify the responsibilities of government agencies before taking on additional international obligations.
The committee, chaired by Dagoretti South MP John Kiarie, raised the concerns on Tuesday when officials from the Ministry of Interior and National Administration appeared before MPs to explain the Government’s proposed accession to the international treaty.
Officials said Kenya had proposed safeguards to ensure that foreign authorities cannot directly access electronic information held within the country.
Interior Principal Administrative Secretary Jacob Narengo, who represented Principal Secretary Raymond Omollo, told the committee that foreign agencies seeking information in Kenya would have to use established legal channels.
The requests would also be subjected to Kenyan laws, including checks on whether the conduct under investigation amounts to an offence under Kenyan law.
However, MPs expressed concern that increased international cooperation in fighting cybercrime could expose Kenyans to unlawful surveillance if strong privacy safeguards are not maintained.
Kiarie said Parliament faced the difficult task of ensuring that technological advances and international cooperation do not come at the expense of constitutional rights.
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The committee pointed to previous controversies surrounding the use of digital data, including the Cambridge Analytica scandal, as evidence of the need for strict oversight of information obtained through technology.
The hearing also brought to the fore divisions among government agencies involved in cybersecurity.
Kefa Onyiso, head of legal affairs at the Interior ministry, told MPs that disagreements over institutional mandates between the Interior and Information, Communication and Technology (ICT) ministries had previously slowed efforts to establish an effective national cybercrime response.
“One of the major challenges in the fight against cybercrime is in relation to coordination of institutions in that field,” Onyiso said.
He called on Parliament to help resolve overlapping mandates among agencies responsible for cybersecurity, investigations and enforcement.
Funding emerged as another major concern, with officials saying investigators need continuous investment in digital forensic equipment, specialised training and modern investigative systems to deal with increasingly sophisticated cybercriminals.
They warned that signing international agreements without providing the resources required to implement them could leave Kenya with obligations it is unable to effectively enforce.
Colonel Dr James Kimuyu, director of the National Computer and Cybercrimes Coordination Committee, told MPs that the Directorate of Criminal Investigations (DCI) would operate as Kenya’s 24-hour contact point for urgent requests involving electronic evidence.
The system is intended to allow authorities to preserve digital evidence before it is deleted or lost.
Officials said the Attorney-General’s Office would remain the central authority for mutual legal assistance and extradition in cross-border criminal investigations.
State Counsel Nelly Lodian of the Attorney-General’s International Law Division said her office works with agencies including the DCI, the Office of the Director of Public Prosecutions, the Ethics and Anti-Corruption Commission, the Kenya Revenue Authority and the Asset Recovery Agency on international cases.
Kenya was invited to join the Budapest Convention in 2024 and has since undertaken steps towards accession.
The convention provides a framework for countries to cooperate in investigating cybercrime, preserving electronic evidence and pursuing suspects involved in offences that cross national borders.
Kenya already has the Computer Misuse and Cybercrimes Act, which incorporates several principles contained in the convention.
However, MPs said accession should be accompanied by reforms that guarantee clear institutional mandates, sufficient resources and protection of citizens’ constitutional rights.
The committee is expected to review the submissions before making recommendations to the National Assembly on whether Kenya should proceed with accession to the convention.
By Jeff Kirui
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