•Committee on Delegated Legislation hints at asking MPs in plenary to approve the regulations
•If approved, internet service providers will be compelled to share information about websites one visits
The government has allayed fears of intrusion in the proposed regulations that will allow State to monitor internet users’ footprints.
Interior and National Administration PS Raymond Omollo yesterday told MPs that the new rules were arrived at after a series of consultations with concerned agencies.
He told the Delegated Legislation Committee chaired by Ainabkoi MP Samuel Chepkonga that key agencies including the Office of Data Protection Commissioner gave their input to the proposed rules.
“The Data Commissioner was part of the task force that came up with the regulations.The relevant institutions were among the principal members of the task force,” Omollo said.
The regulations are part of the Computer Misuse and Cybercrimes (Critical Information Infrastructure and Cybercrime Management) Regulations, Act, 2024.The MPs have hinted at passing it.
“We will retreat and do a report but we are likely to inform the House that we have approved the regulations.Once we are satisfied that there was adequate public participation, we have no problem,” Chepkonga said.
“It is a good thing.At least we will be able to deal with crooks who hack our phones,” he said.
In the rules, the State seeks to compel internet service providers to share information about websites as part of efforts to contain terrorism.
The companies will be further required to maintain records of users’ internet activities and will be compelled to release them to the government.
Internet service providers and gateway managers who will not comply will face consequences that include termination of licences.
A special cybercrimes desk with trained personnel will be set up at every police station.
The proposed regulations empower Kenyans to report malicious social media accounts and screenshots of suspicious activities to a cyber security committee.
They could also report an interruption of a life-sustaining service, including supply of water, health services and energy.
This is in addition to adverse effect on the economy, an event that would result in massive casualties or fatalities, or disruption of the money market as well as an adverse effect on the country’s security.
The regulations also provide that all critical information infrastructure systems be domiciled in Kenya, and any exceptions must be approved by the committee.
Members of the committee raised a myriad of questions on the new rules.
Bureti MP Komingo Kibet and his Kathiani MP Robert Mbui sought clarity on the rules’ ramifications on ICT dealers and users.
They also sought clarity on obligations imposed by then new rules on operators – big and small, as well as the impact on internet users upon implementation.
“Are the regulations basically for those dealing with ICT or do they also include those using ICT?” Mbui asked.
“When you say ‘any other decision’ leaves room for the committee to do anything they wish.When you leave it open, the provision is likely to be abused.That part may need to be amended,” Kibet said.
Omollo said the heads of the agencies that stand to be affected by the new regulations gave their input as well.
“We have taken them through the regulations, including on issues of confidentiality,” he said.
Omollo said the rules as drawn will not adversely impact operators, especially the small ones, adding that there will be reviews on the progress of implementation.
“We have made it possible for the small operators to do their work.
We have also taken into account the special cases that may emerge,” the PS said.
MPs at the committee said the rules were a base for other regulations, citing the crypto currency sector..