JUBA, South Sudan (Eye Radio) — As Kenya’s new Cyber Crimes Act officially becomes law, a South Sudanese advocate has strongly urged citizens residing in Kenya to familiarize themselves with the new legislation and act responsibly on digital platforms to avoid legal consequences.

Speaking to Eye Radio on Wednesday, October 22, Advocate Monyluak Aguer Rou emphasized that the law applies equally to everyone on Kenyan soil.

“The Kenyan government felt it necessary to enact a law that protects citizens and foreigners residing in the country from fraud and threats on the internet and social media,” Monyluak said.

He added that despite criticism from civil society activists, the law can be applied to those in the territory of Kenya.

“It is important for South Sudanese citizens residing in Kenya to know that there are no exceptions to the law as long as they reside in Kenya…,” he said.

“If anyone commits such a crime under the provisions of the law, you are liable to punishment because you committed the crime on Kenyan territory.”

Monyluak urged citizens to familiarize themselves with Kenya’s cyber regulations and stay informed to avoid penalties under the new law.

“Citizens should familiarize themselves with these laws and regulations, keep abreast of the laws, and avoid the provisions of the cybercrime legislation to avoid being subject to penalties…,” he stated.

The newly enacted Kenyan law is now fully enforceable, with severe penalties aimed at promoting responsible digital behavior.

Major offenses include:               

1. Unauthorized access to a phone or computer (Hacking)     – 5 years imprisonment
2. Modifying, deleting, or obstructing another person’s data – 5 years imprisonment
3. Sharing or communicating “critical information” without authorisation- 15 years imprisonment
4. Possessing “critical information” unlawfully – 15 years imprisonment
5. Recording private conversations (even as a participant) – 2 years imprisonment
6. Publishing misleading information – 2 years imprisonment
7. Disclosing police summons or callouts related to cybercrimes – 5 years imprisonment
8. Posting rude, indecent, or vulgar content intended to humiliate – 5 years imprisonment
9. Attempting to incite ethnic divisions online – Life imprisonment

The Advocate also called on South Sudanese authorities to implement the 2021 Presidential Order on Cybercrime and Computer Misuse, underlining that it includes provisions to safeguard citizens’ privacy and national security.

“I urge the relevant authorities to implement the presidential order to protect the privacy of citizens and the security of the country,” he said.