Wednesday 07th October, 2026 07:24 AM|
Members of Parliament (MPs) have raised concerns over gaps in Kenya’s fight against cybercrime as the government moves to join the Budapest Convention on Cybercrime, warning that agency rivalry, outdated laws and inadequate funding could undermine the country’s ability to tackle digital threats.
The National Assembly Departmental Committee on Communication, Information and Innovation said Kenya must strengthen its domestic cybersecurity safeguards before taking on new international obligations under the treaty.
The committee, chaired by Dagoretti South MP John Kiarie, raised the concerns on Tuesday, October 6, 2026, when officials from the Ministry of Interior and National Administration appeared before MPs to defend Kenya’s proposed accession to the Budapest Convention.
MPs warn against cybercrime gaps
The lawmakers said Kenya needed clear institutional mandates and stronger legal protections to ensure international cooperation on cybercrime does not undermine citizens’ constitutional rights.
The committee particularly raised concerns about privacy and surveillance, warning that efforts to fight cybercrime should not create room for unlawful access to Kenyans’ personal information.
Kiarie said Parliament was facing the difficult task of balancing the benefits of rapidly evolving technology with the need to protect fundamental rights.
The Constitution protects the right to privacy, and MPs said any surveillance or electronic evidence-sharing powers arising from international cooperation must remain subject to Kenyan law and constitutional safeguards.
The lawmakers cited past controversies surrounding digital surveillance, including the Cambridge Analytica scandal, to highlight the potential risks associated with the growing power of technology companies and foreign service providers.
Agency turf wars exposed
Interior officials admitted that competition between government agencies has previously affected Kenya’s ability to mount a coordinated response to cybercrime.
Kefa Onyiso, Head of Legal at the Ministry of Interior, told the committee that competing mandates between institutions responsible for cybersecurity and related functions had complicated the country’s response.
“One of the major challenges in the fight against cybercrime is in relation to coordination of institutions in that field,” Onyiso said.
He urged Parliament to help resolve competing mandates among agencies involved in cybersecurity, criminal investigations and enforcement.
The admission came as lawmakers examined whether Kenya has the institutional capacity required to implement the obligations that would come with joining the international treaty.
Kenya seeks safeguards on foreign access
The Ministry of Interior delegation, led by Principal Administrative Secretary Jacob Narengo on behalf of Principal Secretary Raymond Omollo, told MPs that Kenya had proposed reservations aimed at protecting the country’s sovereignty.
Officials said the safeguards would prevent foreign authorities from directly accessing information held in Kenya without going through established legal channels.
“If you want any information in Kenya, we’ll require you to come through the relevant agencies,” an Interior official told the committee.
Under the proposed framework, foreign jurisdictions seeking electronic evidence held in Kenya would be required to use established mutual legal assistance procedures.
Kenyan authorities would also assess requests against domestic laws, including determining whether the conduct being investigated constitutes an offence under Kenyan law.
Officials further said Kenya would retain the ability to protect its citizens from prosecution in foreign jurisdictions where Kenyan authorities believe the matter should instead be handled domestically.
Funding gaps threaten cybercrime response
The ministry also identified inadequate funding as another major challenge facing Kenya’s cybercrime response.
Officials said investigators require sustained investment in digital forensic equipment, investigative systems, surveillance safeguards and specialised training to keep pace with increasingly sophisticated cybercriminals.
They warned that international commitments could be difficult to implement effectively without the resources needed to investigate offences and preserve digital evidence.
The concerns come as cybercriminals continue to exploit emerging technologies and weaknesses in existing systems, increasing pressure on governments to strengthen both legislation and enforcement capacity.
DCI to become 24/7 cybercrime contact point
Colonel Dr James Kimuyu, director of the National Computer and Cybercrimes Coordination Committee, told MPs that the Directorate of Criminal Investigations would serve as Kenya’s 24/7 point of contact for urgent requests involving electronic evidence.
The mechanism is intended to allow investigators to act quickly in cases where digital evidence could be deleted or lost.
Kimuyu said relying solely on ordinary diplomatic channels could take too long in urgent cases involving electronic evidence.
The Attorney-General’s Office will remain the central authority for mutual legal assistance and extradition matters.
State Counsel Nelly Lodian from the Attorney-General’s International Law Division told MPs that her office works with several agencies on cross-border cases.
These include the DCI, Office of the Director of Public Prosecutions, Ethics and Anti-Corruption Commission, Kenya Revenue Authority and Asset Recovery Agency.
What is the Budapest Convention?
The Budapest Convention provides an international framework for countries to cooperate in investigating cybercrime, preserving electronic evidence and pursuing offenders whose activities cross national borders.
Kenya was invited to join the convention in 2024 and has since taken steps towards accession.
Parliament is now considering the treaty and accompanying memorandum, with the convention among the papers recently tabled before the National Assembly.
Kenya’s existing Computer Misuse and Cybercrimes Act already incorporates several principles contained in the convention, according to the Council of Europe’s cybercrime programme.
However, MPs want the government to demonstrate that the institutions responsible for implementing the agreement have clear mandates, adequate resources and sufficient safeguards.
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