Clergy terms cybercrime law 'punitive, oppressive'

The Church and Clergy Association of Kenya Members led by the National Chairman Bishop Hudson Ndeda,and Secretary General Jones Ochieng,during a media briefing.[Benard Orwongo, Standard]

The Church and Clergy Association of Kenya has opposed the recently enacted  Computer Misuse and Cybercrimes (Amendment) Act, describing it as punitive and oppressive.

In a press briefing on Wednesday, October 29, the association’s national chairman, Bishop Hudson Ndeda, said the law threatens democracy, justice, and fairness in Kenya.

“We continue to reiterate that the Computer Misuse and Cyber Crime (Amendment) Act contains sections that are punitive and oppressive. In a society where young people utilise electronic gadgets to agitate for better rights and earn a living through content, the parliamentarians were not mindful when passing this law,” Bishop Ndeda said.

The clergy accused the government of using the law as a tool to suppress free expression and civic engagement.

“The church cannot therefore keep silent at a time when unconstitutional and oppressive laws are passed by a parliament which derives its power from the people,” the association noted.

Bishop Ndeda also warned that such legislation poses a danger ahead of the 2027 General Election, potentially curtailing free speech and public discourse.

The clergy further raised concerns over clauses in the bill that could affect religious expression, particularly online preaching and Christian television content.

“In our view, the bill is open to abuse and will be used to persecute innocent clergy serving the people of God. This targets online preaching and Christian TV content; we strongly reject that,” Ndeda said.

The association lauded the High Court for issuing conservatory orders suspending the implementation of the Act pending further hearing.

Additionally, the clergy distanced themselves from certain church umbrella bodies allegedly involved in drafting the Religious Bill 2024, spearheaded by Rev Mutava Musyimi.

“Let it be on record that we don't subscribe to them, and therefore they don't represent our views in any way,” he added.

The association urged the government to subject the proposed legislation to comprehensive public participation instead of rushing it through Parliament.

“The constitution is clear that State and Religion shall be separate, hence we wonder why the government is keen on regulating religious institutions while introducing punitive fines and jail terms,” he posed.

They warned that the proposed regulations could be used to crack down on online preaching, target Christian TV content, and intimidate clergy in the performance of their duties.

The association also called for the resignation of Nyeri Governor Mutahi Kahiga over his recent remarks following the death of Raila Odinga.