Legal Alerts & Insights

The Data Protection Act was enacted in 2019 to accentuate and enliven Article 31(c) and (d) of the Constitution of Kenya (2010) which recognizes a person's Right to Privacy ("data subjects"). The Act brings into play comprehensive laws that protect the personal information of individuals. It establishes the Office of the Data Protection Commissioner, makes provision for the regulation of the processing of personal data, provides for the rights of data subjects and obligations of data controllers and processors. Organizations should ensure full compliance including registration, policies, consent management, and handling of data subject requests. We advise and assist on all aspects of data protection compliance.

Over the years, employers in Kenya have required prospective employees to provide clearance certificates from various government agencies, including the Director of Criminal Investigations, the Ethics and Anti-corruption Commission, the Kenya Revenue Authority, the Credit Reference Bureau, and the Higher Education Loans Board. The Employment (Amendment) Act No. 15 of 2022 introduces changes that affect employer practices in this and other areas. Employers should review their recruitment and compliance processes to align with the amended law. We can advise on the implications for your organization and help update employment contracts and policies.