The Online Safety Bill, 2026, sponsored by Embakasi West MP Mark Mwenje, has been published and is now open for public participation. The proposed law would place a legal duty of care on major social media and online platforms operating in Kenya, requiring them to assess and mitigate risks of illegal and harmful content on their services.
If passed, platforms including Meta’s Facebook, Instagram and WhatsApp, TikTok, X and YouTube, as well as search engines and other user-to-user services, would face new obligations under the Communications Authority of Kenya (CA). Failure to meet the duty of care could attract fines of up to KSh 500 million or 10 percent of a company’s annual global turnover, whichever is higher, according to reporting by Kenya Today and Techweez.
What the Bill Requires of Platforms
Under the proposals, platforms would be required to conduct annual risk assessments examining how their recommendation algorithms, content distribution systems and business models may facilitate or amplify illegal or harmful material, as detailed in coverage by Kenya Today.
Once they become aware of illegal content or receive a report about it, they must act promptly and appropriately. Priority categories highlighted in the reporting include child sexual exploitation material, terrorism-related content, pornography, cyberbullying, hate incitement, serious violence and material that encourages self-harm.
The Communications Authority of Kenya would serve as the primary regulator, able to issue compliance notices and civil penalties. Decisions could be appealed to the Communications and Multimedia Appeals Tribunal within 30 days, according to the same reports.
Penalties and Accountability
Clause 18 of the Bill sets the maximum platform penalty at KSh 500 million or 10 percent of annual global turnover, whichever is higher, as reported by The Star and Kenya Today. Senior executives who consent to a breach, are grossly negligent or participate in it could face personal fines of up to KSh 10 million, imprisonment of up to five years, or both.
The legislation is designed to apply to providers serving Kenyan users regardless of where their headquarters or servers are located. Business Daily has also reported on related ICT ministry proposals that would require platforms to report illegal activities to the Communications Authority.
Current Status and Public Concerns
The Bill was published in early November 2026 and has already attracted scrutiny. The Star reports that critics have raised concerns that broad definitions of harmful content, content monitoring powers and high penalties could lead platforms to remove legitimate material out of caution. Questions have also been raised about privacy implications, including provisions that touch on private communications and the potential impact on freedom of expression.
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Public participation is the next formal step. Kenyans and stakeholders will have the opportunity to submit views before the Bill proceeds further through the National Assembly. It remains a legislative proposal and is not yet law.
This comes against a backdrop of ongoing government efforts to address online harms, including existing frameworks under the Computer Misuse and Cybercrimes Act and child online protection guidelines issued by the Communications Authority. The Online Safety Bill represents a more targeted attempt to place direct obligations on the platforms themselves.