Current State of Child Online Safety in Kenya

Kenya has been experiencing significant growth in internet penetration. According to the International Telecommunication Union (ITU), the country had an internet penetration rate of 29% as of 2021, a 25% increase over the last 15 years. Children in Kenya are increasingly engaging with various social media platforms and online services as indicated in the Disrupting Harm report. These platforms provide avenues for communication, self-expression, and information sharing. However, it is important to acknowledge that they also present certain risks and challenges for children’s safety and well-being. Concerns include issues related to data privacy, cyberbullying, and exposure to harmful content, which can have negative impacts on their mental health and overall online experiences.

Data privacy concerns regarding personal information and the privacy of children can be compromised through data breaches, online scams, or unknowingly sharing sensitive information and unsupervised interaction with strangers online which may facilitate children falling victim to online sexual exploitation and abuse in the digital space.

Legal and Policy Framework

The Kenya Information and Communications Act prohibits inappropriate use of any telecommunications system. The Data Protection Act, 2019 includes the data of children as sensitive personal data which has restrictions in processing such data. The Act also provides principles concerning data processing which should be done in a private, lawful, and transparent manner, and in case of the procession outside Kenya, this should be safeguarded adequately or with the consent of the data subject, or in the case of children, their parents or caregivers. The Data Protection (General) Regulations,2021 also provides restrictions regarding the commercial use of personal data including that of children.

The Children Act criminalizes some forms of online sexual exploitation and abuse of children, these are online child grooming, cyber harassment, cyberstalking and cyberbullying. The Sexual Offences Act 2006 provides for child pornography, child grooming and the exposure of pornographic material to children as offences which are highly penalized. The Computer Misuse and Cybercrimes Act 2018 also illegalizes child pornography and cyber harassment. While the definition of the Computer Misuse and Cybercrimes Act 2018 follows the global pattern of defining child pornography, the Sexual Offences Act 2006 expands it to include the concept of mens rea (guilty mind) which has proved problematic in courts.