Emerging Challenges and Opportunities in Data Protection in Kenya

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.