On 7 September 2026, Mzalendo Trust convened a High-Level Parliamentary Dialogue on the African Union Convention on Cyber Security and Personal Data Protection, known as the Malabo Convention. The event brought together Members of the National Assembly Committee on Communication, Information and Innovation, civil society organisations, and key technical stakeholders to examine the implications of Kenya’s accession for digital governance, security, and rights.
Kenya’s digital transformation has led to significant gains in financial inclusion, e-commerce, and public service delivery. However, this progress has also increased exposure to cybercrime, data breaches, online harassment, and misuse of personal information. These risks often cross borders, involving foreign actors, offshore platforms, and infrastructure in multiple jurisdictions. National laws alone are insufficient to address these challenges without formal regional cooperation.
The Malabo Convention offers a continental framework for electronic transactions, personal data protection, cybersecurity, and cybercrime. It recognises that security measures must respect fundamental rights, including privacy, freedom of expression, and due process. For Kenya, accession would strengthen cross-border enforcement, support participation in Africa’s digital market, and provide a human rights foundation for emerging technologies such as artificial intelligence and biometric data.
The dialogue aligns with KICTANet’s strategic priorities. KICTANet participated as a key civil society representative, contributing expertise in inclusive multistakeholder participation, legal and policy frameworks, and capacity building to help communities shape digital policy. Through advocacy, research, stakeholder engagement, and capacity development, KICTANet aims to foster an open, inclusive, secure, and rights-based digital ecosystem in Kenya and across Africa.
Participants noted that Kenya’s accession process has gained momentum, with Cabinet approval in September 2025 and stakeholder consultations led by the Office of the Data Protection Commissioner. The next step is parliamentary consideration, which will examine the implications of accession for Kenya’s governance frameworks and digital economy.
Parliament plays a decisive role in ensuring that ratification serves the public interest. Members are expected to review the Convention’s compatibility with the Constitution, existing laws such as the Data Protection Act and the Computer Misuse and Cybercrimes Act, and regional digital trade commitments. They should also require clear implementation timelines, adequate resources for oversight institutions, independent monitoring, and regular public reporting.
Ratification should not be seen as the end of the process. It should initiate a renewed implementation programme. Government agencies, the private sector, civil society, and technical experts should collaborate to identify legislative gaps, clarify institutional responsibilities, and strengthen the capacity of bodies such as the Office of the Data Protection Commissioner, the National Computer and Cybercrimes Coordination Committee, and the Communications Authority.
Inclusion must remain central to this conversation. Women, young people, persons with disabilities, small businesses, and marginalised communities often face the greatest barriers to digital participation and the highest risks of online abuse. Public consultations on the Convention should be accessible, transparent, and responsive to their experiences. Stronger cybersecurity must protect citizens without introducing vague offences or restricting legitimate journalism, advocacy, or public criticism.
The High-Level Parliamentary Dialogue provided a valuable platform for evidence-based discussion, technical clarification, and coordinated advocacy. By advancing ratification through informed multistakeholder engagement, Kenya can strengthen digital rights, improve cybersecurity coordination, and help shape Africa’s digital future. A resilient digital Kenya will be measured not only by the technologies it adopts but also by how effectively it protects people, promotes trust, and ensures that innovation benefits everyone.
