Emerging Challenges and Opportunities in Data Protection in Kenya
DOI:
https://doi.org/10.66563/y601cf72Abstract
This paper discusses the emerging challenges and opportunities in Kenya’s data protection regime. Central to this discussion are the various obstacles and emerging opportunities in data protection in Kenya. Kenya, as a developing country, has experienced a great surge in the collection and use of data in recent years1 which has led to an increase in digital technologies and consequently an increase in digital footprints.
In line with the right to privacy enshrined in Article 31 of the Constitution of Kenya, 2010,2 the Data Protection Act was enacted in 2019 to outline the legal parameters for data controllers and data processors.3 While the Data Protection Act, 2019 is heralded as substantive leap towards protection of citizens’ privacy and regulation of data processors and controllers, the data protection regime in Kenya is still bedeviled by challenges but also has numerous opportunities to fortify its efficacy.
This study examined both grey literature and academic literature on this subject. Importantly, the findings herein are significant in accurately positioning the situation of data protection in Kenya and proposing recommendations to that end.
References
Published
Issue
Section
License
Copyright (c) 2026 University of Nairobi Law Journal
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
© Copyright
University of Nairobi Law Journal. All rights reserved. No part of this publication may be reproduced, stored in retrieval system or transmitted in any form or by any means, electronic, mechanical or photocopying, recording, or otherwise without the prior permission of the University of Nairobi Law Journal.
The University of Nairobi Law Journal believes in the strength of due diligence exercised, that this work does not contain any material that is the subject of copyright held by another person. In the alternative, they believe that any protected pre-existing material that may be comprised in it has been used with appropriate authority or has been used in such circumstances that make such use permissible under the law.
Although every care is taken to ensure the accuracy of this publication, supplements, updates and replacement material, the authors, editors, publishers and printers do not accept responsibility for any act, omission, loss, damage or the consequences thereof occasioned by a reliance by any person upon the contents hereof.
