EXPLAINER: How Kenya’s Proposed Police Digital Intelligence Unit Would Work and Where It Stops

The Kenyan government’s proposal to establish a Police Digital Intelligence Unit has ignited intense public debate, particularly around surveillance, freedom of expression, and privacy.

The unit, which is anchored in amendments to the Computer Misuse and Cybercrimes Act passed in 2024, comes against a backdrop of rising cyber-enabled crime and heightened political sensitivity following recent nationwide protests.

Authorities say the unit is “designed to close enforcement gaps created by rapid technological change” where crimes are increasingly organised, digital, and cross-border.

From online fraud and child exploitation to terrorism financing and coordinated disinformation, the government argues that conventional policing structures are no longer sufficient to respond effectively.

At the centre of the debate is whether the unit represents a necessary modernisation of policing or an expansion of state power into citizens’ digital lives.

In response to public concern, the government released a detailed public information document outlining the mandate, limits, and safeguards of the proposed unit.

According to the document, the Police Digital Intelligence Unit is “a specialised unit proposed to help law enforcement respond to serious online crimes and digital threats” and to strengthen Kenya’s ability “to prevent, detect, and respond to cyber-enabled crimes that cause real-world harm”

Legal foundation and scope of the unit

The government insists that the unit does not introduce new surveillance powers outside existing law.

Instead, it is grounded in the Computer Misuse and Cybercrimes Act, as amended in 2024, which already provides the legal framework for investigating digital offences.

Officials stress that the unit’s mandate is narrow and crime-focused.

“The unit is not designed for mass surveillance or monitoring ordinary citizens,” the document states, adding that it “will not monitor people indiscriminately or track lawful online conversations.”

“It’s work,” the government says, will be triggered by “specific and credible criminal threats,” rather than general online activity.

Crimes within its scope include child sexual exploitation, online fraud and scams, cyberbullying, online harassment, hate speech that incites violence, terrorism recruitment and financing, coordinated disinformation linked to security threats, and digital incitement to violence.

Authorities argue that “these offences pose direct risks to public safety and vulnerable groups.”

Also Read: Ruto’s Govt to Establish a “Social Media” Police Unit Before 2027

Freedom of expression and political dissent

One of the sharpest criticisms has been the fear that the unit could be used to silence dissent, especially given Kenya’s recent history of contentious protests amplified through social media.

The government has sought to address these fears by drawing a firm line between criminal activity and lawful speech.

The document explicitly states that the unit “is not intended to curtail freedom of expression, political speech, criticism of government, dissent, or lawful public discourse.”

Kenyans, it adds, “remain free to express opinions online,” with enforcement limited strictly to criminal misuse of digital platforms.

Officials also link the proposal to lessons from the 2024 protests.

While digital platforms enabled lawful civic mobilisation, they were also used to spread misinformation and, in some instances, harmful activity.

The unit, the government argues, would help identify “credible digital security threats” while operating within constitutional safeguards.

Also Read: Court Issues Way Forward for the Cybercrime Amendment Act

Oversight, privacy, and safeguards

To address privacy concerns, the government outlines multiple layers of oversight.

These include judicial warrants where required, independent review processes, and existing accountability and disciplinary mechanisms within the police service.

Privacy protection is described as a “core principle” of the unit’s operations.

The document emphasises that there will be “no indiscriminate data collection,” with authority that is “limited and specific” and subject to court and independent oversight.

The government also points to international practice, noting that “similar digital intelligence or cybercrime units operate in countries such as the United Kingdom, Germany, Australia, Singapore, and China.”

Prevention, not just punishment

Beyond arrests and prosecutions, the unit is framed as adopting a harm-centric approach.

Its priorities include early detection and prevention, victim protection and support, disruption of criminal networks, and dismantling digital infrastructure used for illegal activity.

Protecting children and other vulnerable groups is highlighted as a central focus, with commitments to faster responses to reported abuse and collaboration with child protection and digital safety partners.

“Transparency,” the government says, “will be maintained through regular reporting, public communication on the unit’s mandate, and clearly defined operational limits,” mirroring accountability standards applied to other oversight bodies in Kenya.

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