Data currently plays a central role in the management of COVID-19 in Kenya. In this in-depth write-up, our TMT team Catherine Kariuki, Janet Othero, Joyanne Wanjiru, Sherry Bor and Amrit Labhuram assess the implications of government processing personal information in contact tracing and tracking efforts. Further, what are the data protection and privacy considerations to …
A century ago when the world was going through war, bravery demanded that people go out and fight. Now, when the world is going through war, bravery demands that people stay in and fight. Part of our fight as a law firm is to continue being effective and provide services to our clients, our colleagues …
The outbreak of the COVID-19 pandemic has cast a dark shadow upon states around the world with various sectors such as tourism and travel taking serious hits. The situation is fluid and uncertainty still looms on its legal implications and ramifications as new headlines break daily. Further transmission and evolution of the virus remains difficult …
CLIENT ALERT: The Legal Implications of the COVID-19 Pandemic Read More »
The High Court of Kenya sitting in Nairobi dismissed an application to suspend 26 sections of the Computer Misuse and Cybercrime act, 2018. The High Court Judge James Makau dismissed a case filed by the Bloggers Association of Kenya (BAKE) that challenged the constitutionality of the Computer Misuse and Cybercrimes Act (the Act). The Act …
LEGAL ALERT: Fully Effective – The Computer Misuse and Cybercrimes Act, 2018 Read More »
We are glad to be a part of the International Comparative Legal Guides contributing to the ICLG 2020 Guide to Digital Health examining laws and regulations for the Kenyan Chapter. This report brings together different aspects of the legal practice and compiled by three practice teams lead by Managing Partner in dispute resolution practice John …
International Comparative Legal Guide to: Digital Health 2020 Read More »
GENERAL APPLICABILITY OF THE ACT. In the memorandum of reasons and objects, the Cabinet Secretary states that Part V adopts international best principles of data protection including those provided under the GDPR. However, it is our opinion that the Bill hardly reflects these principles. There is no goodwill expressed in the Bill to adhere to …
Article 31 of the Constitution of Kenya 2010 provides for the Right to Privacy. The Draft Data Protection Bill is aimed at realizing this right. This Bill is herein discussed in detail. Area of Concern Recommendation by TripleOKLaw LLP 1. Definition of ‘personal data’ Personal data has been defined as any information relating …
CLIENT ALERT: An Analysis Of The Kenya Data Protection Bill Read More »
The Data Protection Act No. 24 of2019 (the Act or DPA hereinafter) which was enacted on 8th November 2019 has a commencement date of 25th November 2019. Its preamble states that it is meant to give effect to Article 31 (c) and (d) of the Constitution. These provisions guarantee that every person has the right …
CLIENT ALERT: What The New Data Protection Act In Kenya Means For Your Business Read More »
Blockchains are an example of distributed ledger technology (DLT) which is an authoritative system of record where everyone who subscribes to it gets a permanent record of every transaction. Ideally, Blockchain does away with intermediaries. No alteration can be done on data once locked in a blockchain. Credibility of evidence given is critical in any …
CLIENT ALERT: A Case For Block Chain Evidence In Kenya Read More »
THE KENYAN LANDSCAPE A majority of institutions providing financial services are regulated under innumerable laws and regulations. These include the Constitution of Kenya 2010, The Central Bank of Kenya Act and the various Central Bank of Kenya Prudential Guidelines, the Banking Act, The Microfinance Act, The Banking (Credit Reference Bureaus) Regulations 2013, The National Payments …