Explore

Show in map
Legislation

Penal Code

Chapter XVIII defines and describes defamation as an offence. Section 194 makes any person who unlawfully publishes defamatory matter with intent to injure or defame another person liable for defamation.
Court Decision

Duncan Muriuki V. Baobab Resort, Petition no. 223 of 2012

High Court of Kenya at Nairobi
This is an ongoing case where the plaintiff complained that some words published on the hotel’s Facebook page were defamatory. Interlocutory order was obtained requiring the respondent to remove infringing content posted.
Court Decision

John Boniface Maina v Safaricom Limited

High Court of Kenya at Nairobi, eKLR, Civil Suit No. 808 fo 2012,
The plaintiff, a musician, successfully sued the defendant, a mobile telecommunication company for breach of copyright. The defendant had introduced a caller back ring tone service where they distributed the plaintiff music without authorization. The defendant was restrained from infringing upon the plaintiff’s copyright by offering for sale, selling or storing of any data relating to the plaintiff’s musical works. The defendant was also ordered to remove all the plaintiffs musical works from the website.
Court Decision

Uhuru Muigai Kenyatta v Muchemi Wachira and Nation Media Group

High Court of Kenya at Nairobi
The defamatory material for which Nation Media Group (NMG) was found liable consisted partly of comments posted on the NMG’s website by members of the public in response to a news article that Muchemi Wachira had posted on NMG's website. The court found NMG liable for defamation by virtue of its role in publishing the comments on its site and for not exercising control in removing the defamatory comments posted by the public. According to this decision, intermediaries have an obligation to remove allegedly defamatory material, which comes to their notice, either as a result of a complaint by the allegedly defamed person or otherwise. The obligation to remove the infringing material does not depend upon the determination of the court. There are currently no other known cases that have been brought before the courts on...
Proposed Law

Data Protection Bill 2013

This bill will be enacted to give effect to article 31(c) (d) of the Kenyan Constitution on regulation, collection, and disclosure of personal data and connected purposes. (1) Section 8 prescribes the manner in which personal data is to be collected; (2) Section 11 imposes a duty on any agency that holds personal data to ensure its protection and security; (3) Section 17 gives the restrictions on commercial use of personal data.
Legislation

Consumer Protection Act of 2012

Section 11(1) provides that “no person shall advertise an internet gaming site that is operated contrary to any written law” and Section 11(2) provides that “no person, other than an internet service provider, shall arrange for or otherwise facilitate advertising prohibited under subsection (1) on behalf of another person.” Although confusing, the wording of these sections does not allow illegal activity for ISPs, but rather introduces a "safe harbour" exception so that an ISP can continue operating even if there are adverts (of which it has knowledge or does not have knowledge) that are illegal. Also, section 11(3) states "For the purpose of subsection (1), a person advertises an internet gaming site only if the advertising originates in Kenya or is primarily intended for Kenya residents."