Treatment of Kenya’s Internet Intermediaries under the Computer Misuse and Cybercrimes Act, 2018

Abstract

Kenya has this year enacted the Computer Misuse and Cybercrimes Act, 2018. This article reviews the Act from the perspective of internet intermediaries, with a view to establishing the impact the Act is expected to have on intermediaries’ operations. The article outlines key concerns regarding the Act’s provisions in respect of obligations and liabilities of intermediaries, particularly with regard to obligations to support state agencies. Recommendations are made for how the Act could be amended to cater more optimally to both state and intermediary concerns.