The Office of the Data Protection Commissioner (ODPC) has signaled a transformative shift in Kenya’s digital landscape for 2026, moving from a period of foundational awareness to aggressive enforcement.
This pivot follows a landmark year in 2025, where the regulator reported a significant surge in compensation payouts, with Kenyan firms collectively paying out over Sh30 million to individuals for various privacy violations.
The record-breaking figures highlight a growing public awareness of data rights and a regulatory body increasingly willing to hit non-compliant companies where it hurts most.
Central to this new posture is a crackdown on unsolicited marketing calls and the right to be forgotten.
For years, Kenyans have voiced frustration over relentless promotional messages from digital lenders, retailers, and telecommunications firms. In a recent determination that set the tone for the current year, the ODPC awarded Sh500,000 to a former employee of a major service provider who continued to receive marketing emails long after requesting his data be erased.
Data Commissioner Immaculate Kassait emphasized that such penalties are necessary to ensure firms respect the boundaries of personal data. She noted that it is crucial for organizations to adopt data protection principles and ensure they have a lawful basis for processing personal data, alongside conducting risk assessments for sensitive operations.
The right to be forgotten, legally known as the right to erasure, has emerged as a major battleground. As firms integrate more complex AI and automated systems, the ODPC has observed a trend where data is retained far longer than necessary. In her recent address to stakeholders, Commissioner Kassait warned that reporting cases of data misuse will enable the ODPC to provide legal recourse, enhance transparency, and promote accountability. She further urged members of the public to take control of their data and avoid negligence while noting that the regulator is now moving to resolve complaints within a strict 90-day window.
As the 2026 Data Privacy Conference kicks off in Mombasa this month, the message to the corporate sector is clear: compliance is no longer optional. With the introduction of the Data Protection (Amendment) Bill 2025 and a restructured institutional framework, the ODPC is better equipped than ever to monitor digital footprints.
For Kenyan businesses, the cost of a single unsolicited marketing campaign could now far outweigh its potential revenue, as the regulator makes good on its promise to protect the constitutional right to privacy for every Kenyan.
[Secure Your Seat at Africa Tech Summit Nairobi 2026 | February 11–12 here] Use code TTRENDS10 at checkout to save 10% on your pass and join the leaders building Africa’s $1 trillion cross-border payment future.
Go to TECHTRENDSKE.co.ke for more tech and business news from the African continent.
Follow us on WhatsApp, Telegram, Twitter, and Facebook, or subscribe to our weekly newsletter to ensure you don’t miss out on any future updates. Send tips to editorial@techtrendsmedia.co.ke
