A Thesis submitted in partial fulfillment of the requirements of the Degree of Master of Laws, at Strathmore UniversityAs the use of the internet increases across the world, it becomes imperative to be aware of the ways in which economies can benefit from such use and to be equally aware of the impediments to the maximisation of these benefits. Cybercriminal activity is considered to be one of the impediments to the economic growth promised by e-commerce. This study seeks to examine the impact of cybercrime on e-commerce and regulation, a research direction that has potential to provide insight in respect of the mechanisms meant to safeguard against cybercrime. The study underscores the need to direct more robust efforts towards combating cybercrime in both Kenya and South Africa, an idea that could lead to significant contribution to the growth of African economies (namely Africa).
This study is mainly underpinned by the Routine Activity Theory. A descriptive research design is employed. The study relies on reviews of relevant documents which include but are not limited to: legislation, case law, international law instruments. With these materials, an analysis has been carried out to interrogate cybercrime and cybersecurity and the way in which these concepts relate to each other in the context of e-commerce, and the extent to which they impact e-commerce and regulation.
The findings reveal that while Africa is ahead of the international landscape in developing legislation, there are efficient mechanisms used internationally that African (mainly in Kenya and South Africa) dispensations can apply to her context. Future studies on this topic could broaden the scope of the study by exploring the impact of cybercriminal activity on Small Medium Enterprises which have also been identified as significant contributors to African economies
