Kenya proposes that platforms report unlawful activity to the regulator

Kenya has proposed an amendment to its communications law that would require platforms such as Meta, TikTok and X to report unlawful activity on their services to the regulator. As TechTrendsKE reported on 4 November 2026, this is a proposal, not an enacted rule.

What the bill proposes

The Ministry of Information, Communications and the Digital Economy is behind the Kenya Information and Communications Amendment Bill 2026, which would insert a new section 85C into the existing Act. Providers of digital platforms, defined as online environments that facilitate interaction, transactions and content sharing, would have to notify the Communications Authority of Kenya (CA) of their particulars and services, and report activities such as sexual exploitation, cyberbullying and impersonation, together with the remedial action taken.

The CA would keep a register of platforms used in Kenya, receive and help resolve user complaints, and monitor compliance. Providers would also have to ensure their services are available and safe, publish their policies and terms, and offer complaint and redress mechanisms. The rules would also reach companies based outside Kenya that serve Kenyan users.

The background

In February 2026 Parliament rejected a TikTok ban and recommended stronger regulation, compliance reviews and user safeguards, including an amendment giving the CA a role. In May, ICT Cabinet Secretary William Kabogo said X should open a local office within three months. The Computer Misuse and Cybercrimes Act already criminalises cyberbullying, and in July 2026 the High Court struck down provisions of its 2025 amendment on blocking websites and applications.

For scale, TikTok said it removed 884,591 videos in Kenya in the first quarter of 2026, 99.7% of them proactively.

Our view at CEA Digital Law

At the Euro-American Committee of Digital Law - CEA Digital Law, we welcome the fact that the bill focuses on activity that is unlawful under Kenyan law rather than on breaches of a platform’s own community rules. That distinction matters for legal certainty.

Europe offers a useful comparison: the Digital Services Act pairs registration of representatives, notice mechanisms and transparency with procedural safeguards and independent oversight. Kenya could draw on that model, as well as on Latin American and Caribbean debates about intermediary liability.

We suggest three points for the legislative process: define precisely what must be reported and at what threshold; set data protection safeguards and judicial oversight against misuse, in light of recent court rulings; and coordinate the CA with the Office of the Data Protection Commissioner, the Media Council of Kenya and the National Cohesion and Integration Commission. Open public consultation would strengthen the law’s legitimacy and its value as a reference for other African countries.

Sources

• TechTrendsKE

CEA Digital Law