The Ministry of Information, Communication, and Digital Economy has officially begun the development of a National Data Governance Policy. On September 10th 2025, the ministry hosted an inception forum, bringing together diverse stakeholders from government, private sector, academia, and civil society. The policy initiative is a collaborative effort among Kenya, the European Union (EU), and Germany, facilitated by the German Corporation for International Cooperation (GIZ) Digital Transformation Centre. This partnership highlights the international importance of Kenya’s digital transformation agenda. Principal Secretary for Economic Planning, Dr. Boniface Makokha, served as the chief guest at the launch. He was joined by the ICT and Digital Economy Principal Secretary, Eng. John Tanui, along with representatives from various government institutions and development partners. 

 

Fuelling Innovation

The workshop described data as “the new oil” that will fuel innovation, drive economic growth, and improve governance across all sectors of society. Kenya’s vision goes beyond data collection to establishing a comprehensive framework for responsible and ethical data use. The government seeks to create a trusted ecosystem for data sharing that involves government, the private sector, and civil society. Kenya’s existing digital infrastructure offers a foundation for the policy. 

The Ministry of Interior and National Administration currently manages data for about 15 million Kenyans. The eCitizen platform alone serves 15-16 million users and handles nearly KSh 700 million in daily transactions. Over four years, this locally developed platform has generated more than half a trillion shillings in revenue. 

The country also boasts a robust data governance landscape. This is anchored in the Data Protection Act of 2019, Data Protection (General) Regulations of 2021, and the establishment of the Office of the Data Protection Commissioner (ODPC).  Additionally, the Kenya National Digital Master Plan 2022-2032 acts as a blueprint for leveraging and deepening the contribution of ICT to accelerate economic growth. Further to this, the digital superhighway is a key pillar of the Bottom Up Economic Agenda (BETA). Through this pillar, the government seeks to deploy 100,000 kilometres of fibre optic cables, 1,450 digital hubs, and 25,000 public Wi-Fi hotspots.

Maximising Cross-Border Data Flows

Representatives from the EU highlighted Kenya’s commitment to maximising cross-border data flows. The government aims to create a vibrant data economy that extends beyond national borders to cover the entire African continent. Additionally, the country is still actively pursuing an adequacy agreement with the European Union, which would formally recognise the country’s data protection standards as equivalent to those of EU member states. This recognition would enable seamless data transfers between Kenya and EU countries, eliminating the need for additional safeguards or restrictions. The focus on cross-border data flows aligns with the African Union’s governance framework and marks a shift away from restrictive data localisation policies. An adequacy agreement between Kenya and the EU would make Kenya the first African country to achieve EU data adequacy status. This has the potential to set a precedent within the continent, and would be positive for data protection awareness in Africa. Most importantly, adequacy would create more business opportunities for the country.

Critical Data Classification Gaps

Workshop participants identified significant gaps in Kenya’s current data governance framework, especially regarding data classification. The country currently lacks a unified system for categorising data based on sensitivity, importance, and intended use. This absence leads to confusion and uneven handling practices across various institutions.

The current regulatory framework provides clear guidance mainly for personal data under the Data Protection Act, while other data categories remain largely undefined. This ambiguity leads to compliance difficulties and discourages investment in data-driven innovations.

The lack of proper data classification also hampers data sharing between government entities and private sector partners. Different ministries, departments, and agencies operate in silos with limited coordination or standardised approaches to data management.

Addressing Infrastructure and Capacity Challenges

The workshop identified several structural challenges the policy must tackle. These include inadequate local data infrastructure, poor data quality, and limited technical resources needed for effective data exchange and system interoperability. Political interference and bureaucratic hurdles also hinder the implementation of effective data governance.

Capacity gaps pose another major challenge. Legal and judicial officers lack specialised training in managing data-related breaches and offences. There is little awareness of data protection compliance requirements among stakeholders. Cybersecurity systems across institutions remain inadequate, exposing vulnerabilities in data governance infrastructure.

Co-Creative Policy Development Process

The policy development commits to a co-creative approach designed to ensure diverse voices influence the final framework. The process is organised into three main phases over six months, with completion anticipated for January 2026. 

Phase one concentrates on developing concepts and assessing needs through comprehensive stakeholder consultations. This involves benchmarking against global best practices, conducting interviews and surveys, and gathering memoranda from various stakeholders. Phase two includes drafting policies, analysing data, and encouraging public participation via online forums. The draft policy will align with national visions such as Vision 2030 and international strategies from the African Union. Phase three entails securing cabinet approval and adoption, which involves preparing cabinet memoranda and organising the official policy launch.

Economic and Strategic Implications

The policy aims to transform Kenya’s digital economy by unlocking the full potential of data resources. The government seeks to promote innovation, create jobs, and foster entrepreneurship by utilising data responsibly. There is also potential to export Kenya’s successful digital platforms for regional economic integration. Representatives from international partners have expressed support for Kenya’s decisive steps in transforming data governance. The German Embassy commended Kenya’s sustained commitment to developing regional data governance frameworks.

Implementation Challenges and Timeline Concerns

Despite the ambitious vision, several concerns have arisen regarding the policy’s development schedule and implementation framework. The six-month timeframe might be too short considering the bureaucratic nature of Kenya’s policymaking process and the complexity of data governance issues that necessitate extensive stakeholder consultation. The timing also introduces further challenges. The proposed December deadline for presenting the draft falls during a season when operations generally slow down across government bodies and private organisations. This could notably hinder the meaningful public engagement that the workshop aimed to promote, potentially undermining the co-creative approach that underpins the policy development process.

Questions also arise about how this policy aligns with Kenya’s broader digital governance regulatory landscape. The country already has several policies pending implementation, including the National Cloud Policy of 2025 and the National Artificial Intelligence Strategy, with discussions underway regarding an AI policy. This prompts concerns about policy fragmentation and conflicting priorities. The challenge goes beyond policy development to include capacity for implementation, as Kenya often develops comprehensive policies without adequate mechanisms to execute them. Without clear coordination frameworks and dedicated resources for implementation, the National Data Governance Policy risks becoming another well-meaning but poorly executed government initiative.

Kenya’s National Data Governance Policy presents both significant opportunities and notable risks for the country’s digital future. While the collaborative approach and international partnerships lay a strong foundation, the policy’s success will hinge on effective stakeholder engagement, sufficient funding, and ongoing political commitment to execution. If implemented, Kenya’s National Data Governance Policy could enhance the country’s competitiveness in the global digital economy while protecting citizens’ rights and freedoms.