Thesis title: Adequacy in Data Protection Regulation in Kenya Citation: This thesis aimed to determine whether the Kenyan Data Protection Act of 2019 (KPDA) provides “adequate” legal protection. [...]

Over the last few years, I have been working in freedom of expression and press work in different forms. Last year I published a book chapter titled ‘Constitutions, freedom of expression, [...]

With the digitisation of government services and unique personal identifier (UPI) projects in motion, the Government of Kenya is presented with an opportunity to do things right. As you may [...]

Is compliance with the Data Protection Act, 2019 worth it? This is one of the fundamental questions data controllers and data processors have been asking themselves. In my experience this is [...]

Nomalanga Mashinini and Mugambi Laibuta discuss the Image Rights legal framework in Kenya. They scrutinize the legitimate expectation of privacy and the lack of the latter requirement in image [...]

Strathmore’s CIPIT Acting Director, Dr. Melissa Omino and Mugambi Laibuta discuss the recently published data regulations under the Data Protection Act 2019 of Kenya

Every other Kenyan has been demanding answers as to why mobile phone service operators have put in place a requirement that they re-register their SIM-cards or else they get disconnected from the [...]

Three Regulations under the Data Protection Act, 2019 have been published. These are, the Data Protection (General) Regulations, 2021, the Data Protection (Complaints Handling and Enforcement [...]

Two years ago, the Kenyan Data Protection Act, 2019 (DPA) came into operation. The DPA gives effect to Article 31(c) and (d) of the Constitution that relate to the right to privacy. The DPA [...]

On this episode I discuss compliance challenges in relation to the Data Protection Act and how to overcome them.

You have probably received unsolicited text messages marketing some goods or services. The most common of these include texts marketing mobile loans, offers in supermarkets, offers to subscribe [...]

On this episode I had a chat with Al Kags who the founder of the Open Institute, an African organisation that works with governments and civil society organisations to promote open government and [...]

Each and every day there is debate in both mainstream and social media about the authenticity of information shared in the public domain. Fake news is gaining greater traction as we move towards [...]

On this episode I discuss three draft Regulations under the Data Protection Act, 2019 that have been published for public participation. These three drafts are the Data Protection (General) [...]

This episode has been published and can be heard everywhere your podcast is available. On this episode I host Dr. Kibaya Laibuta who discusses the effects digitalization has had on Arbitration [...]

In this episode, Dr. Melissa Omino and Mugambi Laibuta discuss data protection aspects of the proposed US Kenya FTA from a Kenyan perspective.

This episode highlights an individual’s right to data protection under the Data Protection Act.

This episode highlights five key issues that shaped the law in the digital space in 2020 and what we should expect in 2021.

What does the law say about children who are content creators/influencers online? Who bears the greatest responsibility on how children use the internet? What are some of the safety nets for [...]

The Data Protection Commissioner will be appointed soon. This episode discusses what the role of the Data Commissioner is under the Data Protection Act, 2019 and what the appointment means for [...]

The episode covers what hate speech means within the Kenyan legal system, the effects of hate speech and what options are available to deal with it.

Oliver Mathenge (Digital Editor at Radio Africa Group) graces this episode where we discuss how the internet and social media have shaped journalism in Kenya.

On this episode, my guest Johnson Nderi, a Financial and Economic Analyst unpacks public finance management in the last ten years of the Constitution of Kenya, 2010.

On this episode I look at 10 years of the Constitution of Kenya 2010

This episode highlights how the Constitution of Kenya, 2010 has had an impact on how we use the internet and social media.

Are children safe online? This episode looks at some of the online harms faced by children and explores solutions.

This episode discusses individual rights under the Kenya Constitution and the Data Protection Act, 2019 in relation to aspects of privacy and data protection.

This episode discusses options for victims of cyber-bullying/cyber harassment and revenge pornography.

Kenya and the US recently initiated negotiations that will probably lead to a bilateral trade agreement. The trade talks have elicited mixed reactions, some believe that a trade deal will provide [...]

In the next few weeks (hopefully), Kenya will have its first Data Protection Commissioner. Operationalisation of the Data Protection Act, 2019 has been pending for over seven months. With the [...]

As part of my series to unpack the Data Protection Act, it is instructive that I demystify the ‘Data Protection Officer’. One of the challenges facing institutions is whether to appoint or how to [...]

Businesses get edgy when new policies and laws having an impact on their profitability are enacted. From the outset the question is whether there is really a need for the new laws; businesses [...]

Two years ago, the European Union General Data Protection Regulation (GDPR) came into operation. In this article I discuss the impact the GDPR has had on privacy and data protection regulation in [...]

With the Covid-19 pandemic, there is a greater focus on development and deployment of technological innovations that would be key in addressing the social, financial and public health impacts of [...]

The scramble for access to personal, health and general data in relation to Covid-19 is increasing by the day. Every other person or institution wants a piece of Covid-19 data. Many wish to [...]

Apart from debate on Covid-19, conversations on privacy and data protection have gained momentum over the last few months. Questions have arisen on whether strategies to manage the Covid-19 have [...]

In times of crisis such as the one we are facing the rule of law is often one of the first casualties. The rationale for ‘bending’ or ‘breaking’ the law is that there is a greater need to protect [...]

The coronavirus crisis has presented an unprecedented dilemma; the balance between freedom of expression, freedom of the press and ensuring the public are adequately informed on what measures [...]

A cross-section of Kenyans were surprised when they received a text message from the Ministry of Health indicating that the Ministry will be sending information on the CoronaVirus. The questions [...]

Including minority groups, persons below 18 years are the most vulnerable online. Children are often subjected to invasion of their privacy, bullying, grooming, child pornography, predators, [...]

The Data Protection Act, 2019 came into operation on 25th November, 2019. One of the key operationalization steps under the Act is the establishment of the Office of the Data Protection [...]

2019 has been a busy year in relation to initiatives and discussions on regulation of the digital space in Kenya. While certain positive gains have been achieved, Kenya still staggers towards [...]

Over the last few years there has been a lot of talk about the need to legislate on the right to privacy and data protection. It was hoped that such legislation would deal with unfettered [...]

A few weeks ago, the Kenya Information and Communication Amendment Bill 2019 was published. The Bill sponsored by Hon. Injendi proposes to regulate blogging and social media use in Kenya. The [...]

In the recent past, there has been a rise in defamation cases in the courts especially in relation to defamation made online. In my view this is progressive in defining and growing jurisprudence [...]

On reduction of number of MPs from the current 416 to 147 Kenya is not over represented. Kenya has greedy representatives who unprocedurally increase their perks. These representatives have [...]

This interesting Bill has been floating around. Just from a preliminary analysis, it is unconstitutional in its entirety.

The National Assembly has published the Data Protection Bill, 2019 which you may download from the link. I will post my analysis on the Bill in the coming days.

Www.stopbullying.gov defines cyber-bullying as – “Cyberbullying is bullying that takes place over digital devices like cell phones, computers, and tablets. Cyberbullying can occur through SMS, [...]

The Chief Of Staff in the Office of The President recently tweeted that the debate on data protection in Kenya is an academic debate (https://twitter.com/NziokaWaita/status/1120998466753310721). [...]

  I believe it is time the world had binding international instruments regulating how businesses around the world interact with human rights issues. Businesses must be held to account where [...]

You have probably used one of the e-government services on offer; be it E-Citizen, iTax, TIMS, EJiji Pay, NHIF and NSSF among others. There is concerted effort by the State to automate its [...]

Often on social media, we come across intimate images and videos of individuals who we most probably do not know. At times these intimate images and videos are of prominent personalities; either [...]

2019 promises to be a critical year for the digital space in Kenya. Below are some of the key legal issues that will be in focus: 1. The Data Protection Bill: this will by far be the most [...]

Here are my reflections on the proposed Data Protection Bill, 2018 as presented to the  ICT Ministry.

In 2016, my students and I drafted a Marijuana Control Bill as part of legislative drafting course work. There has been growing debate whether Marijuana should be legalised or decriminalised in [...]

There has been  discussion on whether Kenya needs a national Public Participation Act or policy. There are drafts that had been floating around on the same. A few years ago I was part of a team [...]

We have another Data Protection Bill in circulation. This one has been drafted by the Ministry of Information, Communication and Technology. My view is that the ICT Ministry and Senate should [...]

In memory of H.E. Kofi Annan (1938-2018), this week I share a paper I authored in 2014 that was edited and published by International IDEA. The paper analysed the role of the African Union in [...]

When an individual is afflicted by a dependency condition, we do not treat them by according them unfettered access to the substances they are dependent on. It is instructive that such an [...]

Last week I discussed the need to protect data owners from having their data collected, collated, analysed, stored and used without their express consent. Ideally, calling for protection of the [...]

Do the following scenarios ring a bell? 1. You walk into an establishment, you purchase goods or services through MPesa, a few hours or days later, the establishment in bombarding you with [...]

Here are my reflections on the proposed Data Protection Bill, 2018 as presented to the Senate ICT Committee.

  In response to the raging debate on data protection and perhaps in view of the ongoing debate in Europe on the coming into force of the EU General Data Protection Regulation (GDPR), a Data [...]

The Kenyan society is a patriarchal one, and this is particularly evident in elective politics. Women have found it challenging to compete for and win elected positions, despite the pledge of the [...]

Ever been in traffic and seen a convoy of at least three high end vehicles transporting a Cabinet Secretary or Governor? Ever noticed that each financial year the Government of Kenya purchases [...]

First published in the DAILY NATION   A business aims to maximize profits from capital within all means possible. This capitalist model has held sway for centuries and is touted as the [...]