Kenya’s 2027 Elections Will Test Its Commitment to Digital and Media Rights

By Raylenne Kambua |

As Kenya approaches its August 2027 general elections, there are growing concerns about how the country’s digital and media laws and practices could affect citizens’ ability to meaningfully participate in the electoral process.

Over the last few years, Kenya has passed or amended several laws, such as the Kenya Information and Communications Act (KICA) and the Computer Misuse and Cybercrimes Act (CMCA), which directly impact citizens’ online participation in civic and democratic processes. The Media Council of Kenya (MCK) has flagged more than 20 pieces of legislation that contain retrogressive provisions that threaten journalists’ right to report, their privacy, and citizens’ access to information.

As in many other African countries, digital technologies, including social media platforms and Artificial Intelligence (AI), have become central to citizens’ social, economic and political participation, particularly during periods of contestation, such as elections and protests.

During the 2024 Gen Z protests, young Kenyans used AI and other digital tools to simplify legislation and produce mobilisation materials, and used social media platforms to coordinate protests. The state responded with digital repression, including online threats, unwarranted arrests, abductions, internet disruptions, and unlawful surveillance. The 2027 campaigns will run on the same digital infrastructure, with more AI capabilities and with human rights at stake.

Digital Threats as Electoral Threats

On October 6, 2026, the Collaboration of International ICT Policy for East and Southern Africa (CIPESA) attended a stakeholder engagement hosted by the National Cohesion and Integration Commission (NCIC) in Nairobi, where the Roadmap to a Violence-Free 2027 General Election report was launched.

The report identified the weaponisation of AI and technology-facilitated gender-based violence (TFGBV) as key threats to peaceful elections. It also found that social media is where election violence is seeded, incubated, and mobilised, and called for digital hygiene and responsible use of digital media.

In an earlier engagement with the commission, CIPESA asserted that no single institution can address digital threats alone. Clear inter-institutional protocols can, however, enable timely, coordinated and rights-respecting responses, while strengthening the accountability of digital platforms.

Digital tools and AI were used in the 2022 general elections, and their use has since grown. As these tools become more sophisticated, real and fabricated content becomes harder to distinguish, increasing the risk of harm during elections.

CIPESA’s report, Navigating the Implications of AI on Digital Democracy in Kenya, finds that AI is reshaping digital participation and access to information in the country. However, the report warns that the existing AI governance gaps, rise of AI-powered political advertising, deepfakes, and microtargeting threaten to distort democratic processes and the information ecosystem in profound ways.

Internet and platform shutdowns also contribute to the information disorder and threaten electoral integrity. Election periods carry a heightened risk of internet shutdowns, which can limit voters’ access to information, silence observers and journalists, and leave rumours unchallenged.

There is the fear that Kenya could borrow the shutdown script from neighbours such as Uganda and Tanzania during next year’s elections. The country has already seen the warning signs. Telegram is often blocked during national examinations, and internet disruptions were reported during the 2024 Gen Z protests. In response, stakeholders secured interim orders restraining the government and mobile operators from shutting down internet access. Although the orders are temporary, the final ruling and the commitment of regulators and telecom operators will determine whether Kenyans stay connected during the August 2027 elections.

Press Freedom Under Threat

Private media houses lead in listenership and viewership, and mainstream media remains more trusted than social media as a source of information. Yet these outlets face threats to press freedom and state interference, while journalists encounter harassment. Media stakeholders have condemned these trends ahead of the elections.

Defamation is also a growing concern, and courts have been faulted for awarding serious damages against bloggers and the media, even though international standards hold that public officials should be open to greater scrutiny. Fear of legal consequences can force investigative journalists to slow down, undermining the public’s right to know.

Law as the Main Instrument of Control

Participants at a multi-stakeholder dialogue on ‘Advocacy Strategies for Better Tech and Media Policies’, hosted by KICTANet and the Bloggers Association of Kenya on October 8, 2026, in Nairobi, named vague legislation as one of the most persistent threats to online expression.

Laws such as the CMCA illustrate this pattern. Enacted in 2018, the Act criminalises certain forms of online expression, including false publications. In March 2026, the Court of Appeal struck down two sections of the 2025 Amendment Act for failing the test of constitutional clarity. The ruling prompted Parliament to appeal. The court left the Act’s investigative powers largely intact, while cautioning that courts must act as gatekeepers because those powers can be abused.

Following the court ruling, further amendments to the CMCA introduced new powers for the National Computer and Cybercrimes Coordination Committee (NC4), including the authority to order the blocking or removal of websites, pages and applications without a court order. In July 2026, the High Court declared two of the new provisions unconstitutional, as the amendments could risk criminalising legitimate speech.

The pattern is consistent: Parliament passes broad provisions, civil society challenges them in court, and courts later narrow their scope or strike them down. Some earlier cases followed a similar course. In 2014, a court rejected an attempt to restrict journalists and bloggers from publishing terror-related content without permission from the national police, holding that laws limiting fundamental rights do not enjoy the usual presumption of constitutionality. In another case, the High Court found the KICA offence of “misusing a telecommunication device” unconstitutionally vague. The court held that any limit on expression must be clear, pursue a legitimate aim, and be necessary and proportionate.

The laws used to restrict expression also evolve. The Prevention of Terrorism Act has been used against protesters, and authorities have invoked the CMCA to arrest online critics, some of whom were first abducted. During the 2027 electoral cycle, advocates should watch for existing legal provisions being used in new ways.

Civil society has also shown that early engagement can influence legislation. For instance, it persuaded Parliament to withdraw a proposed KICA amendment on the liability of social media administrators. This calls for proactiveness in policy development processes, ensuring bills are monitored throughout the stages rather than waiting until they have been passed.

Recommendations

  1. Parliament should publish bills early, allow meaningful public participation, and ensure that restrictions on online expression and access to information are clearly defined and consistent with constitutional rights.
  2. The Director of Public Prosecutions and the police should refrain from pursuing arbitrary and politically motivated prosecutions, and from misusing or selectively enforcing laws to prosecute protesters, social media users, bloggers and journalists.
  3. Courts should apply strict scrutiny to search, seizure and surveillance orders, and keep interim protections against internet disruption.
  4. The Communications Authority and telecom operators should commit publicly not to shut down or throttle the internet and publish transparency reports on government takedown requests.
  5. The NCIC, the Independent Electoral and Boundaries Commission (IEBC), the judiciary, and the MCK should agree on protocols for responding to digital threats during the elections, with clear roles for each.
  6. Media houses should adopt the MCK election guideline and AI code of conduct, invest in verification and deepfake detection, and strengthen legal support for their journalists.
  7. Digital platforms should expand election integrity and moderation capacity for Kenya, respond promptly to TFGBV and hate speech reports, clearly label AI-generated or manipulated political content, and publish transparency reports on government requests to remove or restrict content.
  8. Civil society should track bills at the policy stage through a shared system and pool legal analysis.
  9. Development partners should fund legal defence for bloggers and journalists, and support strategic litigation, because cases like the CMCA challenge take years to resolve.

CIPESA at the 7th Annual National Forum on Business and Human Rights

By Update |

CIPESA is pleased to participate in the 7th Annual National Forum on Business and Human Rights organised by the Ministry of Gender, Labour and Social Development alongside participating partners like FIDA Uganda, Enabel in Uganda, etc., under the theme “Reflecting on the Progress and Strengthening Commitment: The journey of Uganda’s National Action Plan on Business and Human Rights”.

The forum provides an important platform for stakeholders to engage on business responsibility, human rights protection, and accountability. As digital technologies continue to shape business operations and everyday life, discussions on responsible technology use, digital rights, data protection, and corporate accountability remain vital.

Date: October 26-28, Location: Kampala, Uganda

Share your thoughts with us @cipesaug and engage using #BeeraSharp

Strengthening Digital Rights for Persons with Disabilities and Older Persons

By Tsion Meingstu and Paul Kimumwe |

As part of efforts to strengthen the integration of digital inclusion and digital accessibility for persons with disabilities and older persons into its human rights monitoring and oversight mandate, the Ethiopia Human Rights Commission (EHRC) held a two-day capacity-building workshop for its staff on September 21st and 22nd, 2026.

The workshop, which was facilitated by experts from the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), sought to equip participants with foundational knowledge and skills in digital accessibility and inclusion, how to design and implement monitoring checklists for the digital rights of persons with disabilities and older persons, and how to communicate and advocate for the digital rights of persons with disabilities and older persons.

The staff capacity building workshop was one of the Commission’s key deliverables under a ten-month grant from CIPESA’s Africa Digital Rights Fund (ADRF). Other activities under the grant include monitoring and assessing the impact of digital technologies’ (in)accessibility on the daily lives of older persons and persons with disabilities, and organising advocacy activities to raise awareness of digital rights for persons with disabilities and older persons among relevant government and non-government stakeholders to foster inclusive practices.

During the workshop, Shimels Ashagre, Senior Human Rights Officer for Disability Rights and Rights of Older Persons at the EHRC, presented a draft monitoring toolkit developed as part of the grant that will be used to assess the state of digital inclusion for persons with disabilities and older persons in Ethiopia.

The toolkit is organised around eight key dimensions of digital inclusion, with specific questions tailored to both persons with disabilities and older persons. It draws on the UN Convention on the Rights of Persons with Disabilities (CRPD), the UN Principles for Older Persons, the Madrid International Plan of Action on Ageing (MIPAA), the African Union Protocol on the Rights of Older Persons, and the Web Content Accessibility Guidelines (WCAG 3.0).

The Commission will use the findings from the assessment to inform the design and implementation of advocacy activities about the digital rights of persons with disabilities and older persons.

Opening the workshop, the thematic Commissioner for Disability Rights and Rights of Older Persons, Mohammed Ahmed, emphasised that the world is undergoing rapid digital transformation, with technology increasingly shaping how people access information, services, and opportunities. While these advancements bring significant benefits, they also raise important human rights considerations that must not be overlooked.

He stressed that particular attention should be given to the rights of vulnerable groups, including persons with disabilities and older persons, who often face barriers to accessing and benefiting from digital technologies. Commissioner Mohammed underscored that digital inclusion and accessibility are not merely technical issues but fundamental human rights concerns that require deliberate action from governments, institutions, and other stakeholders.

Dr Wairagala Wakabi, the Executive Director of CIPESA, noted that digital inclusion for persons with disabilities and older persons has become a central thematic area for CIPESA, which is why it partners with institutions such as the EHRC to strengthen their capacity to monitor and promote digital inclusion. He noted that through the ADRF, CIPESA provides financial and technical support to organisations that are championing digital inclusion.

For example, in the last round of the ADRF grant, USD 320,000 was awarded to 18 initiatives in 14 countries to support efforts to advance digital rights, inclusion, and online safety. Three of the recipients, including Ethiopia’s Human Rights Commission, the Zimbabwe Council for the Blind, and the Rwanda-based Organisation d’Integration et de Promotion des Personnes Atteintes d’Albinisme (OIPPA), are focusing on Digital Accessibility for Persons with Disabilities and Older Persons.

Dr Wakabi noted that for effective advocacy around digital rights, participants need to understand how digital technologies intersect and affect the rights of persons with disabilities. And for Human Rights Commissions, this understanding helps them to integrate digital rights into their monitoring and oversight mandates of human rights.

Reactions from the participants:

“The training was very fascinating. I gained a tremendous amount of knowledge about digital rights and how they are directly related to human rights and their intersection. This was beginner-friendly training that provided participants with a foundational experience in the field.” Female participant

“Overall, the training was highly informative and educational. Prior to attending the training, I did not have a clear understanding of the concept of digital technologies and their practical applications. However, the training helped me develop a solid understanding of the subject and enhanced my knowledge of key digital concepts.” Male participant

The sessions on digital rights, as well as the rights of older persons and persons with disabilities, significantly broadened my perspective and enhanced my understanding of inclusion and accessibility from a digital technologies’ perspective. The knowledge gained has provided me with a clear framework for integrating these concepts into my future work, particularly on emerging issues related to the rights and participation of older persons and persons with disabilities.

Additionally, the training focus on Technology-Facilitated Gender-Based Violence (TFGBV) offered valuable and thought-provoking insights into an important and evolving area. Overall, the training was highly informative, practical, and relevant to my professional responsibilities.”

The training was attended by 18 individuals (10 men and 8 women) drawn from various departments of the commission, including the Disability Rights and Rights of Older Persons Department, Human Rights Education Department, Women and Children’s Rights Department, Office of the Chief Commissioner, Monitoring and Investigation Department, and the Refugees, Internally Displaced Persons, and Migrants’ Rights Department.

When Smart Cities Turn Menacing

By Wairagala Wakabi |

In June 2025, Uganda switched on the Automated Electronic Penalty System (EPSAuto), using CCTV cameras, automatic number plate recognition (ANPR), and an intelligent transport monitoring system (ITMS) to fine motorists. But the system, ostensibly aimed at bringing order to the country’s chaotic roads, quickly generated controversy.

EPSAuto was suspended within days. More than a year later, on October 6, Ugandan Attorney General Sam Mayanja declared that the 2021 contract with a Russian company for the ITMS, including digital number plates and vehicle tracking, was legally void and unenforceable. The experience points to a bigger question confronting countries in Africa and elsewhere: what happens when the technologies introduced to make cities safer also make it easier for the government to identify and track its citizens?

A recent report,  Smart City Surveillance in Africa: Mapping Chinese AI Surveillance Across 11 Countries, identified more than US$2 billion in spending on the surveillance of public spaces in Algeria, Egypt, Kenya, Mauritius, Mozambique, Nigeria, Rwanda, Senegal, Uganda, Zambia, and Zimbabwe, although the real amount is likely much higher. And much of this financing came from Chinese companies.

The research finds no compelling evidence of smart-city surveillance reducing terrorism or serious crime in Africa. Senegal and Zambia have invested heavily in these systems despite facing relatively few security threats. In Mozambique, the technology — which, tellingly, is concentrated in opposition strongholds — has not improved the authorities’ response to serious crimes like kidnappings. Similarly, in Nigeria, heavy spending on surveillance has done little to stem insecurity.

This raises the problem of “function creep.” As the uproar around Uganda’s EPSAuto shows, there are concerns — often valid — that smart-city surveillance tools are being used to identify and monitor activists, opposition figures, critics, and protesters. The same unease was documented in Zimbabwe.

NB: The excerpts above are drawn from an article by Wairagala Wakabi published on Project Syndicate on October 21, 2026. The research, Smart City Surveillance in Africa: Mapping Chinese AI Surveillance Across 11 Countries, is available on open access.

Encryption As a Digital Rights Safeguard

By CIPESA Writer |

Encryption is increasingly caught between efforts to strengthen online safety and attempts by governments to expand access to private communications. For journalists, civil society organisations and opposition actors, weakening encryption can expose sensitive communications to surveillance and undermine their ability to work safely. As countries review laws and policies governing digital spaces, a key concern is how governments can address legitimate public safety concerns without undermining the security and privacy that encryption provides.

To mark Global Encryption Day on October 21, Global Partners Digital (GPD) has relaunched the World Map of Encryption Laws and Policies, an online tool that assesses and compares laws, policies and practices governing encryption across 100 countries. It shows how governments are protecting or restricting the use of the technology.

For African countries, where digital technologies increasingly shape civic participation, public debate, journalism and access to information, the map’s findings underscore the importance of treating encryption as a fundamental component of digital rights and security, especially as surveillance concerns rise.

The updated Map also examines the safeguards in place to prevent the abuse of government powers, helping users identify where national frameworks protect encryption and where they leave its use vulnerable to restrictions or interference.

The relaunch includes new research on 40 countries using an updated assessment framework.  More than 30 assessments were available at launch, with the remainder expected in the following weeks, while  60 countries remain covered by the previous framework. Each country page states the methodology and when the assessment was done, helping users to understand how current the findings are.

The research points to growing tensions in global encryption policy. Countries including Australia, the United Kingdom and Canada have passed laws or tabled proposals that seek to bypass traditional lawful access mechanisms and build access into encrypted communications. At the same time, GDP found that although online safety measures are increasing, relatively few have so far directly affected encryption.

Ellie McDonald, Policy and Advocacy Lead at Global Partners Digital, who also led the research project, said: “On one hand, we are seeing ever greater adoption of encryption, and on the other, muscular attempts to undermine it.” She added that the refreshed map aims to “help separate the speculative from the certain and to back up the field with up-to-date analysis.”  

The research also shows that the measures introduced in the name of safety or law enforcement can have implications that extend beyond their stated objectives, particularly when they weaken the security protections on which millions of people rely. This concern is echoed by African digital rights researcher Lilian Nalwoga, who notes, “Across Africa, efforts aimed at strengthening cybersecurity and digital sovereignty are eroding privacy, weakening encryption, expanding state surveillance, and enabling mass collection of sensitive biometric data. The map will serve as an advocacy tool for actors to demand stronger encryption in Africa.”

In African countries where human rights defenders, journalists, political opponents and dissidents, activists and civil society organisations may face surveillance, intimidation or restrictions on civic space, secure communications can be particularly important. Encryption can help protect sources, preserve the confidentiality of sensitive information and reduce the risk of communications being intercepted by unauthorised parties.

Research by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has previously noted that many African countries have passed legislation that limits anonymity and the use of encryption, often citing the need to protect national security and to combat terrorism and crime. In practice, some governments have  used these restrictions to monitor the communications of critical journalists, human rights defenders, and opposition politicians. For instance the GDP encryption map, Ethiopia ranks severe for encryption intensity and weak for  procedural and institutional safeguards, while Zimbabwe and Nigeria rank severe for legislative and policy threats. Ethiopia in particular places a licensing requirement for providers of encryption products and services with importers of hardware and software containing cryptographic capabilities needing a security clearance certificate.

Weakening encryption therefore threatens not only the security of personal data, but also people’s willingness and ability to participate in public debate, report on matters of public interest and organise collectively. The challenge for policymakers is to address legitimate concerns about online safety and criminal activity without creating systemic weaknesses in digital security.

The right to privacy has come under increased attack in many African countries, with the proliferation of digital technologies being matched by state measures that negate this right. In the past few years, many countries across the continent have enacted various laws that permit surveillance, mandate telecommunication intermediaries to facilitate the interception of communication, stipulate the mandatory collection of biometric data, limit the use of encryption, require the localisation of personal data, and grant law enforcement agents broad search and seizure powers – Source: Privacy Imperilled: Analysis of Surveillance, Encryption and Data Localisation Laws in Africa

However, GPD’s updated research also identifies developments that demonstrate how policy can protect encryption and privacy. Chile has introduced a law that expressly protects the use of encryption, while Brazil’s Digital Statute of Children and Adolescents requires services used by children to have privacy by default. Meanwhile, several proposals that threatened encryption have been dropped or stalled in recent years. These include the European Union’s proposed ‘Chat Control’ proposal, a proposed encryption backdoor in Sweden and efforts to introduce VPN restrictions in the United Kingdom.

Engagement on encryption requires collaboration among civil society organisations, journalists, technical communities, policymakers and other stakeholders. It also requires clear, accessible evidence that distinguishes established law from proposals, and shows the potential consequences of weakening encryption. For African policymakers, regulators and civil society actors, comparative resources such as the World Map offer that evidence. They can help identify approaches that safeguard encryption, expose weaknesses in national legal protections and draw lessons from developments in other jurisdictions.

As artificial intelligence makes cyber threats increasingly sophisticated and scalable, strong encryption remains essential to protecting communications and personal data. Thus, African governments should ensure that efforts to address online harms and criminal activity do not weaken these protections.