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If Government regulations are approved, the Independent Electoral and Boundaries Commission (IEBC) may be required to host its election servers within the country.
Proposed regulations, known as the Computer Misuse and Cybercrimes (Critical Information Infrastructure and Cybercrime Management) Regulations, 2024, aim to ensure that government agencies handling critical information have their infrastructure located in Kenya.
According to the regulations put forth by the Ministry of Interior, owners of critical information infrastructure must ensure that their data is stored within Kenya. If approved, entities wanting to maintain servers abroad would need to seek approval from the National Computer and Cybercrime Coordination Committee, chaired by a Director-General.
This committee would review and assess applications to ensure compliance with security standards outlined in the regulations, with a decision provided within 30 days.
The regulations define critical information infrastructure to encompass sectors such as defence, security, banking, finance, judiciary, and elections. IEBC’s operations, including voter registration and voting, fall within this framework.
During the 2022 Presidential Election, opposition parties accused some IEBC personnel of colluding with foreigners to manipulate election results in favor of President William Ruto. The opposition, particularly the Azimio La Umoja One Kenya Coalition, alleged that IEBC’s servers, including one based in Venezuela, were transmitting manipulated results.
In the event of a cybersecurity incident, only authorized personnel would have immediate access to critical information infrastructure, as per the regulations.
