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Kenya’s plan to join an international cybercrime treaty has exposed concerns over weak laws, limited resources and possible threats to digital privacy. Members of Parliament raised the concerns as the country moves to accelerate its accession to the Budapest Convention on Cybercrime.
Officials told the National Assembly that the Directorate of Criminal Investigations would become Kenya’s 24-hour contact point for urgent requests involving electronic evidence.
The system would allow authorities to respond quickly when digital evidence needed for investigations risks being deleted or lost. The Attorney-General’s Office would, however, continue handling formal mutual legal assistance and extradition matters.
Foreign authorities seeking information held in Kenya would still be required to follow established legal channels. Requests would also be assessed against Kenyan laws before any assistance was provided.
MPs Raise Privacy Concerns
Lawmakers cautioned that stronger international cooperation must not come at the expense of constitutional rights, particularly the right to privacy.
Concerns were also raised over the possibility of cybercrime measures being misused for unlawful surveillance. The Cambridge Analytica controversy was cited as an example of how personal information can be collected and exploited for political purposes.
Officials acknowledged that Kenya’s legal and institutional framework needs to keep pace with rapidly changing technology. MPs also pointed to disagreements between government agencies over responsibilities in dealing with cybercrime.
Funding was identified as another challenge, with concerns raised over shortages affecting forensic equipment, investigative systems, safeguards and specialised training.
What the Budapest Convention Means
The Budapest Convention provides a framework for countries to cooperate when investigating cybercrime and offences involving electronic evidence across borders. It also provides mechanisms for urgent preservation of digital evidence and international cooperation.
Kenya was invited to join the convention in 2024, and Parliament is now considering the treaty and its accompanying memorandum.
Lawmakers have indicated that institutional responsibilities, legal safeguards and resources will need to be addressed as Kenya considers taking on the obligations of the international agreement.
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