| Data Protection Act, 2019No. 24 of 2019 · ODPC | In forceCommenced 25 Nov 201927. | Controllers and processors register with the Data Commissioner. Breaches with a real risk of harm are notified within 72 h. Transfers abroad need proof of safeguards or consent. Processing for state strategic interests can be required on a server or data centre in Kenya. Fines up to KES 5M or 1% of prior-year turnover, whichever is lower27. By Jan 2026 the ODPC had issued 20 penalty notices and 184 compensation orders, and certified 15,000+ registrations30. | Implication: every customer, and XcellHost as a processor, must register and evidence safeguards. Response: a DPA readiness assessment as the door-opener, then outsourced privacy operations with a Kenyan legal partner. |
| Data Protection Regulations, 2021General · Registration · Complaints Handling & Enforcement | In forcePublished 14 Jan 2022, after parliamentary review28. | Regulation 26: processing on state strategic-interest grounds runs through a server and data centre in Kenya, or keeps at least one serving copy in Kenya. Registration is mandatory above KES 5M turnover or more than 10 employees, and for listed sectors at any size. Defined breach categories are reported within 72 h28. | Implication: some public-interest data needs an in-country copy. Response: Nairobi-hosted primary or replica by default, with DR in a second Kenyan site where required. |
| ODPC Guidance Notes for Cross-border Data TransfersRegulator guidance | PublishedIssued 8 Sep 202629. | Transfers rely on safeguards, adequacy, necessity or consent. Standard clauses for controller-to-controller and controller-to-processor transfers. A documented transfer impact assessment before relying on the clauses, reviewed on material change. Sensitive data abroad needs consent plus safeguards (s.49). Kenya–EU adequacy talks are still open29. | Implication: our Mumbai processing needs a TIA and the ODPC clauses. Response: a standard TIA pack per customer, with sensitive data kept in Kenya by default. |
| Computer Misuse and Cybercrimes Act, 2018No. 5 of 2018 · NC4 | In forceAmended in 2025 (next row)34. | Creates NC4 and the designation of critical information infrastructure (CII), where disruption would hit life-sustaining services, the economy or national security. Owners are notified within 7 days and can appeal to the High Court34. | Implication: banks, telcos, utilities and health systems may be designated CII. Response: map each customer's CII status in the readiness assessment. |
| Computer Misuse and Cybercrimes (Amendment) Act, 2025 | In force · partly struck downAssented 15 Oct 202531. A conservatory order suspended some sections on 22 Oct 202564. On 2 Jul 2026 the High Court declared s.6(1)(jA) (NC4 blocking without a court order) and s.27(1)(b) unconstitutional32. Parliament has filed a notice of appeal33. | New offences for SIM-swap fraud, phishing, data harvesting and digital impersonation. Identity theft now covers passwords. Court-ordered removal of content linked to listed crimes (s.46A)31. | Implication: hosting partners may receive court orders on content. Response: an abuse desk and court-order runbook in partner contracts. Track the appeal. |
| CII and Cybercrime Management Regulations, 2024Legal Notice 44 of 2024 | In forceIn force 9 Feb 202435. | CII owners keep the infrastructure housing critical information in Kenya; storing it abroad needs committee approval. Incidents are notified within 24 h. Appoint a CISO. Annual cyber risk assessment and business impact analysis, the first within 12 months34. | Implication: CII workloads and their security logs stay in Kenya. Response: Nairobi partner-DC hosting, SOC runbooks built for 24 h reporting, and annual risk assessments. |
| Electronic certification under KICAKenya Information and Communications Act · CA | In forceElectronic-signing provisions extended by the Business Laws (Amendment) Act 202037. | Advanced e-signatures need a certificate from an accredited certification service provider (E-CSP) licensed by the CA. Operating unlicensed risks a fine up to KES 300,000, up to 3 years' jail, or both. A foreign CSP can be licensed if authorised at home, meets international standards and has a local agent (2022 commentary)37. | Implication: legally recognised Kenyan e-signatures need a licensed E-CSP. Response: partner with a licensed E-CSP. Lead with PKI, HSM, CLM, crypto-posture and PQC services. |
| CA directive: licensed PKI for CIIBased on an NC4 determination of 1 Aug 2024 | In forceNotice of 7 Oct 2025 · deadline 1 Jan 202636. | Systems designated as CII, including those of telcos, banks, ISPs, e-commerce, health and government, must use only digital certificates and PKI services from licensed E-CSPs. Self-signed certificates are non-compliant. Sanctions run to fines and licence revocation36. | Implication: a certificate-replacement wave across CII. Response: certificate discovery with CLM, then replacement through a licensed E-CSP partner. |
| Kenya Cloud Policy, 2025MICDE · issued under KICA | In forceSigned 7 Apr 2025, in force 2 May 202540. It succeeds the 2024 policy adopted on 11 Dec 202442. | Public entities go cloud-first and comply within 12 months. Top Secret data: government CSP, private or dedicated cloud in Kenya. Restricted data: public cloud in Kenya. Third-party CSPs only with Cloud Adoption Committee approval. CSPs meet ISO/IEC 27002:2022 and 27017, document hosting locations and accept exit clauses41. | Implication: government cloud goes to Kenya-hosted, approved providers. Response: sell through approved partners. XcellHost holds ISO 27001, 27017 and 27018, which supports partner due diligence. |
| CA data-centre licenceProposed framework | ProposedConsultation opened Sep 2026, 30 days for comments38. | Colocation DCs are licensed today under the Network Facilities Provider Tier 2 licence. The CA proposes a dedicated data-centre licence for colocation and supporting services38. | Implication: licensing sits with the DC partner, not with XcellHost. Response: choose licensed DC partners and track the final framework. Confirm with counsel which CA licence, if any, covers resold cloud and managed services. We did not verify this. |
| ICT foreign-ownership ruleNational ICT Policy Guidelines, 2020 | Removed30% local-shareholding rule deleted on 22 Aug 2023 (Gazette Notice 11079)39. | ICT licensees no longer need 30% Kenyan ownership39. | Response: a 100%-owned Kenyan company is an option at the month-12 decision. |
| Artificial Intelligence Bill, 2026Senate bill | Bill · stalledRejected by the Senate ICT committee, reported 16 Oct 2026. Kenya has no dedicated AI law49. | Proposed an AI Commissioner to register and audit AI systems, an AI Authority with sandboxes, and fines up to KES 5M or a share of turnover49. | Implication: AI governance is voluntary for now, but the direction is visible. Response: ISO/IEC 42001 alignment and vCAIO advisory ahead of any law. |
| CBK Guidance Note on CybersecurityBanking Act s.33(4) | In force · under revisionIssued 18 Aug 201743. CBK said in Jul 2025 that it is updating it44. | Board-level ownership, a CISO in senior management, significant incidents reported to CBK within 24 h, quarterly incident reports, and due diligence and monitoring of outsourced and cloud providers43. CBK says the 2017 note does not cover AI, cloud, APIs or mobile-money fraud adequately44. | Response: a CBK mapping pack, audit rights and an exit plan, as in our BFSI Cloud offer. Position for the revised note. |
| CBK outsourcing & cloud prudential rules | Not verifiedWe could not verify the current CBK prudential text on outsourcing or offshore cloud for this briefing. | Expect approval, data-access and exit expectations for material outsourcing. | Response: commission a local legal memo before contracting with banks. |
| IRA cyber-security guidance for insurersInsurance Regulatory Authority | In forceReported 12 Jul 202545. | Major incidents reported within 24 h. Quarterly incident reports within 15 days of quarter end. Board-approved cyber strategy, reviewed at least yearly45. | Response: managed detection with regulator-ready reporting through Vortex SOC. |
| Digital Health Act, 2023 + regulationsDigital Health Agency | In force · under appealOperating while the Court of Appeal stays a High Court ruling against parts of the Act (as at Mar 2026)46. | Breaches reported to the Agency within 48 h, details within 72 h. Health records kept at least 20 years. Section 47 may restrict cross-border transfer of personal health information. Controllers register with the ODPC and notify the Agency within 7 days46. | Implication: health data stays in Kenya by default. Response: Kenya-hosted Healthcare Cloud with 20-year archive and 48 h breach runbooks. |
| Significant Economic Presence (SEP) taxTax Laws (Amendment) Act, 2024 | In forceEffective 27 Dec 2024, replacing the Digital Service Tax50. The Finance Act 2025 removed the KES 5M threshold51. | Non-resident providers of digital services to Kenyan users pay an effective 3% of gross turnover (30% tax on deemed profit of 10%)5051. | Implication: cross-border digital revenue may carry 3% SEP. Response: structure invoicing with a Kenyan tax adviser. The brief named the Business Laws (Amendment) Act 2024; our sources attribute SEP to the Tax Laws (Amendment) Act 2024. |