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{
    "id": 784271,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/784271/?format=api",
    "text_counter": 95,
    "type": "speech",
    "speaker_name": "Hon. Kisang",
    "speaker_title": "",
    "speaker": {
        "id": 2263,
        "legal_name": "William Kipkemoi Kisang",
        "slug": "william-kipkemoi-kisang"
    },
    "content": "and Cybercrime Bill. It specifically provides for cooperation with the Office of the Attorney- General (AG) as the central authority established to handle these matters. Part V of the Bill, from Clauses 42 to 46, contains the general provisions including the territorial jurisdiction for application of the Bill, power of the court order and forfeiture of any items seized under the provisions of this Bill. I just want to briefly go through the recommendations and amendments by the Committee which will appear at the Committee of the whole House stage of the Bill. As a result of the public participation exercise conducted by the Committee, it noted that majority of the submissions focused on the provisions of the Bill that seek to limit fundamental rights and freedoms guaranteed under Articles 31 and 33 of the Constitution such as the right to privacy and the freedom of expression. Other submissions pointed out to the need to delete some of the provisions under the Bill and harmonise them with existing provisions in other Acts of Parliament. Pursuant to the submissions of the memoranda and the deliberations of the Bill, the Committee will, therefore, move several amendments to the Bill at the Committee of the whole House stage. This is the stage where if, Hon. Osotsi, who is a Member of the Committee, wants his name to appear in the Order Paper, he can bring the amendments he wanted. Hon. Musimba and any other Member are also welcome to bring their amendments because many of us are experts. There are also some who are talking to us from outside. We need the Bill to be enriched and to be good so that in case anybody goes to court, parts of the law will not be nullified. The Committee will propose to amend Clause 2 of the Bill to replace the definition of the word “authorised person” to limit the appointment of the latter to “person” that is, law enforcement officer or a cyber security expert designated by the Cabinet Secretary responsible for national security. We anticipate this law will be implemented both by the Ministry of Information and Communications and the Ministry of the Interior and Coordination of National Government. We intend to eventually have maybe two or three cyber security centres - one within the Directorate of Criminal Investigations, one at Konza and another one at the Communications Authority of Kenya (CAK) headquarters. This is so that we can monitor those crimes and even block those things that we do not want to reach our children. The Committee will also propose to amend Clause 2 of the Bill to expand the definition of the word “premises”. Those are areas where a law enforcement officer can enter. We have expanded it to include a virtual space in which data is maintained, managed, backed up remotely or made available to users over networks such as cloud. Currently, most data is no longer stored in a computer. Most of the large data is stored in the cloud that is why we are including space as part of a premise that an authorised officer can access. The Committee will also propose to amend Clause 2 of the Bill to define the term “national critical information infrastructure”. Most of the stakeholders do not understand what this term means so we will define it so that it is clear. The Committee will also propose to amend Clause 3 of the Bill to clarify that one of the objects of the Bill will be to facilitate the prevention, detection, investigation, prosecution and punishment of cybercrimes under paragraph (c) of the Clause. Hon. Speaker, further, the Committee will propose to insert a new paragraph under the Clause to clarify that the scope of the Bill will be to protect the rights to privacy, freedom of expression and access to information as guaranteed in our Constitution."
}