Joint Statement |
We, the undersigned stakeholders in Kenya’s Information and Communications Technology (ICT) sector, stand together in firm condemnation of the unlawful arrest, detention, and prosecution of software developer and civic activist Rose Njeri (@rtunguru)
Rose Njeri, a software developer and mother of two, was detained on Friday, May 30, 2025, following a police raid on her home in Nairobi, where authorities seized her electronic devices, including her phone, laptop, and hard drives. As of this morning, she remained detained, her whereabouts were unknown, and she had not been presented to any court, despite multiple attempts by her legal counsel to establish the charges against her or secure her release. Reports indicate that Ms. Njeri suffers from anaemia and was denied proper access to healthcare during her detention. In addition, her arrest and detention over a long public holiday weekend appear to have been deliberately calculated to extend her detention without judicial oversight.
It is alleged that Ms. Njeri’s arrest stems from her development of an online civic platform (civic-email.vercel.app) which seeks to provide a coordinated solution for Kenyan citizens to formally present views to the National Assembly in response to the ongoing public participation discussions on the Finance Bill, 2025. In particular, the platform enables them to simply register their objections to clause 52 of the Bill which proposes the deletion of Section 59A (1B) of the Tax Procedures Act, which currently prohibits the Commissioner of the Kenya Revenue Authority from requiring a person to integrate or share data relating to “(a) trade secrets; and (b) private or personal data held on behalf of customers or collected in the course of business.”
On Tuesday afternoon, Ms. Njeri was presented before the court, more than 88 hours after her arrest, despite the legal requirement under Article 49 of the Constitution that she be brought to court within 24 hours. Worse, she has been charged under Section 16 of the Computer Misuse and Cybercrimes Act, 2018 with “unauthorised interference with a computer system,” an offence which carries a maximum penalty of a fine of up to ten million shillings, imprisonment of up to five years, or both. These could double if aggravating circumstances are cited. Ms. Njeri has since been released on personal bond of KES 100,000 and will be expected back in court on 20 June 2025 for a ruling on the validity of the charges.
We view this charge as baseless, trumped-up, and irrelevant to the alleged offence, as it misrepresents a legitimate act of civic engagement as a cybercrime. In our considered view, embracing digital technologies and the creation of a platform to facilitate public participation on the Finance Bill 2025 is a protected exercise of the rights to freedom of expression, access to information, and public participation under Articles 10, 33, 35, and 118 of the Constitution of Kenya, 2010. Section 16 is intended to address serious cybercrimes such as hacking, sabotage, or malicious disruption of computer systems by individuals who act without authorisation or consent from the system owner. Therefore, to charge Ms. Njeri under Section 16 is a gross misapplication of the law, an abuse of court process, and a disproportionate act which fails to demonstrate any credible offence, interference, or threat to public safety or national security as claimed.
Ms. Njeri’s prosecution comes in the wake of a recent public apology by the President to the public. It is also not an isolated incident but one that is emblematic of a dangerous pattern in Kenya, where authorities have repeatedly weaponised various ICT laws to intimidate and silence government critics, activists, bloggers, journalists, technologists and citizens. They are measures designed to stifle digital rights, activism, and the civic space, rather than to curb real-world cybercrimes. As of December 2024, the Communications Authority of Kenya (CA) detected at least 840,921,998 cyber threats, an increase of 27.2% reported in the previous quarter, yet these are barely investigated or the responsible cyber criminals prosecuted.
Kenya has long been recognised as a beacon of digital growth and innovation in Africa, a reputation built on its vibrant technology landscape and a constitutional framework that safeguards fundamental human rights. A thriving, innovative, and competitive ICT sector is inextricably linked to a free, open, and secure digital space. A climate of fear, pervasive surveillance, and arbitrary arrests and detentions severely undermines Kenya’s hard-earned reputation as a regional technology hub. The sector cannot flourish where fundamental rights are routinely undermined or where the rule of law is selectively applied. The predictability and stability afforded by robust digital rights protections are crucial for attracting local and foreign investment, fostering innovation, and ensuring Kenya’s continued leadership in the digital economy.
As ICT sector stakeholders, we reaffirm our commitment to an open, inclusive, and secure digital ecosystem in Kenya. We stand in solidarity with Rose Njeri and all individuals unjustly targeted for exercising their digital rights. The misuse of the CMCA to criminalise a public interest technology platform for civic participation is a direct attack on democratic values and innovation. We pledge to advocate for policies that protect human rights while promoting digital civic engagement.
We also urge the Kenyan public, international community, and fellow ICT stakeholders to join us in condemning these violations and to demand greater accountability.
Also, we call on the Kenyan government, law enforcement, and relevant authorities to:
Immediately drop the charges against Rose Njeri unconditionally, and return all her confiscated electronic devices without delay. Ensure that ICT laws are not misused or weaponised to suppress legitimate exercise of rights and cease practices such as arbitrary arrests, detentions without charge, and the confiscation of devices. Officers engaging in such unlawful practices should be held accountable for their actions. Reform the Computer Misuse and Cybercrimes Act and the Kenya Information and Communications Act (KICA), and abandon proposed Bills that violate digital rights or stifle legitimate online activities. Engage with stakeholders in the ICT sector, including academia, media, civil society, and the tech community, to develop laws that promote cybersecurity while safeguarding fundamental human rights. Demonstrate a clear and unwavering commitment to fostering an open, secure, and rights-respecting digital ecosystem, including refraining from arbitrary internet shutdowns, content blocking, and unlawful surveillance.
Lastly, we reaffirm our commitment to defending digital rights and civic space in Kenya. The use of public digital tools to facilitate citizen engagement with Parliament is not a crime; it is a cornerstone of our democracy.
Signatories
Access Now
Africa Centre for People Institutions and Society (ACEPIS)
ARTICLE 19 Eastern Africa
Baraza Media Lab
Bloggers Association of Kenya (BAKE)
CIPESA
CyberYetu
Data Privacy and Governance Society of Kenya (DPGSK)
Founders Connect Kenya
IAWRT Kenya
Icon Data and Learning Labs
Interactive Entertainment Association
Internet Society, Kenya Chapter
Internews – KenSafeSpace
Kenya Coalition on Youth Peace and Security
KICTANet
Kijiji Yeetu
Media Lawyers Association of Kenya (MLAK)
Mzalendo Trust
Paradigm Initiative
Pollicy Data Institute
Tatua Digital Resilience Centre
Women in STEM Leaders Network
Women in Tech Policy and Governance
zKe Voices
