The Kenyan government is using technology to improve governance, service delivery and national security. The progress, while welcome, has brought with it concerns about state surveillance, data protection, and violations of fundamental rights and freedoms. Following anti-government protests in Kenya that began in June 2024, for instance, there were several reports of state-led abductions and arbitrary arrests. With Kenyans’ personal data being collected at an unprecedented scale, the balance between ensuring security and safeguarding individual privacy has come under scrutiny. Mugambi Laibuta, who’s studied state surveillance and data protection in Kenya, explores the issue.
What are the legal safeguards for privacy in Kenya?
Kenya’s constitution provides for the right to privacy under Article 31. Its provisions include:
