Govt allocates billions to boost state surveillance using Spyware » Capital News

NAIROBI, Kenya, June 12 – Kenyans digital privacy is under fresh threat as the government allocates billions to surveillance tools, police operations, and digital monitoring infrastructure with no sign of public consultation or legal safeguards.

In the Supplementary Budget are significant increases to the Directorate of Criminal Investigations (DCI) aimed at expanding state surveillance powers in the digital space.

In the document set to be tabled in the National Assembly is an additional Sh100 million for the DCI’s forensic lab, specifically for the acquisition and deployment of Optimus 3.0, a spyware suite designed to infiltrate devices, decrypt encrypted messages, and monitor social media activity.

Optimus 3.0 is a next-generation spyware system designed for state surveillance.

Built to silently operate on mobile phones and computers, the tool gives its operator near-total access to a target’s digital life.

Another Sh50 million has been allocated under recurrent expenditure for the procurement of Optimus 3.0 equipment, bringing the total known spend on this surveillance system to Sh150 million.

The government has also injected Sh400 million into recurrent funding for DCI operations, and a further Sh800 million to bolster police operations under the Office of the Inspector General.

Of that, Sh150 million is earmarked for VHF radio communication equipment, signalling a broader upgrade of state security communication networks.

This comes as National Assembly prepares to debate the Kenya Information and Communication (Amendment) Bill, 2025 a controversial proposal that critics warn would legalise wide-ranging state access to private digital activity.

The new allocations appear to support infrastructure that would thrive under the proposed legislation.

The Bill, sponsored by Aldai MP Marianne Kitany, seeks to empower the Cabinet Secretary for Information to compel internet service providers (ISPs), telecom firms, and cyber operators to hand over subscriber data all without a court order.

If passed, the law would cement the State’s ability to surveil, track, and analyse citizen activity online, raising alarms over its compatibility with Kenya’s Data Protection Act.

Former Public Service Cabinet Secretary has sharply criticised the government’s approach saying it’s a move aimed at clawing back civil freedoms .

“They’re already snooping on Kenyans.This Bill isn’t about starting surveillance its about legalising something that’s already happening. It’s clear the Ruto administration wants to claw back civil freedoms,”Muturi stated.

Also in the Supplementary budget is a Sh300 million allocation to the Media Council of Kenya (MCK) for content regulation and ICT media centre support. Critics argue the move could hollow out the Council’s independence by creating a parallel, state-led content monitoring system, undercutting its mandate.

The Bill also proposes to amend Section 27A of the Kenya Information and Communication Act to introduce metered internet billing, requiring ISPs to assign unique meter numbers to each user and track internet consumption in real time.

“The Bill seeks to require ISPs to develop and deploy quality metered billing systems capable of monitoring customer usage, translating it into readable data, generating invoices based on consumption, and aligning metrics with the value of services used,” the document states.