This report examines digital surveillance practices in Kenya and their impact on civil society groups. The study analyzes legal frameworks governing digital surveillance, identifies inconsistencies, and documents specific threats like unlawful surveillance and communications interception. 

Key Findings:

LEGAL FRAMEWORKS

The report highlights significant gaps and inconsistencies in Kenyan laws, such as the Kenya Information and Communications Act and the National Intelligence Service Act, which lack adequate safeguards to protect privacy and other human rights.

SURVEILLANCE PRACTICES

The study identifies various forms of digital surveillance employed in Kenya including the use of problematic surveillance technologies that impact civil society actors. These practices are often conducted without sufficient oversight, which has led to potential abuses and violations of civil liberties. 

IMPACT ON CIVIL SOCIETY

The report documents the adverse effects of unlawful surveillance on civil society actors including human rights defenders, journalists, and activists. It underscores how surveillance practices undermine the rights to privacy, freedom of expression, association, and assembly, which creates a chilling effect on civic engagement and democratic participation. 

HUMAN RIGHTS OF MARGINALIZED GROUPS

The research highlights the disproportionate impact of surveillance on marginalized groups, such as women and refugees. It emphasizes the need for robust legal protections to prevent discrimination and ensure that surveillance technologies do not exacerbate existing inequalities. 

GOOD PRACTICES AND ACTIONABLE RECOMMENDATIONS

The report identifies good practices from other jurisdictions that could be adapted to the Kenyan context. It provides actionable recommendations for state actors, non-state actors, and the ACHPR. 

Download the full report to access comprehensive analysis and actionable recommendations for reforming Kenya’s digital surveillance framework.

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