Kenya has rejected sections of the Budapest Convention on Cybercrime, the first international treaty on internet and computer crime.

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Kenya has rejected sections of the Budapest Convention on Cybercrime, the first international treaty on internet and computer crime.

Kenya wants the National Assembly to approve reservations to the convention that would limit attempts to try Kenyan citizens for cyber offences committed outside the country.

Under the proposed reservation, Kenya would not apply provisions allowing extra-territorial jurisdiction over a Kenyan national for an offence committed outside Kenya, except in cases provided for under Kenyan law.

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The Budapest Convention was adopted by the Committee of Ministers of the Council of Europe at its 109th Session on November 8, 2001. It was opened for signature in Budapest, Hungary, on November 23, 2001, and entered into force on July 1, 2004.

There are 76 state parties to the convention, 12 of them from Africa.

“Kenya supports the objectives and cooperative spirit of the Budapest Convention. However, to ensure that obligations under the Budapest Convention are fully harmonised with domestic laws and constitutional safeguards, it is prudent and consistent with international treaty practice for Kenya to enter specific reservations and interpretative declarations at the time of accession,” Foreign and Diaspora Affairs Cabinet Secretary Musalia Mudavadi said.

“This will preserve the integrity of Kenya's legal framework, clarify the scope of Kenya's obligations and ensure that the Budapest Convention is implemented in a manner that preserves its national interests.”

Mr Mudavadi said Kenya intends to enter a reservation under Article 42 of the convention on the extension of extra-territorial jurisdiction over Kenyan citizens.

📰 Source: Nation Africa