When Kenya enacted the Copyright Act, 2001, the global copyright landscape was undergoing a profound shift driven by the early internet and the rise of digital file sharing. Platforms such as Napster disrupted traditional enforcement models by turning ordinary users into distributors of copyrighted content and exposing the limits of existing legal frameworks.

At the same time, there was a concerted international push toward harmonisation led by the World Intellectual Property Organisation (WIPO) through instruments such as the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. These treaties introduced protections tailored to digital works and online transmissions. For developing countries like Kenya, this moment required a careful balance between strengthening protections for creators, expanding access to knowledge, and supporting the growth of emerging information and communications technology (ICT) sectors.

It was against this backdrop that, on 21 July 2003, the then Attorney General, Amos Wako, launched the Kenya Copyright Board (KECOBO). This marked what he described as the beginning of a new era for Kenya’s copyright regime. That optimism was tempered by structural realities. Piracy was pervasive, undermining the livelihoods of musicians, authors, and visual artists while distorting value chains through the unauthorised commercialisation of Kenyan works both locally and internationally. Enforcement remained fragmented across institutions, including the Kenya Revenue Authority (KRA) and law enforcement agencies, while KECOBO evolved from a previously under-resourced unit within the Registrar General’s office.

Aligning the Law with Technological Advancements

More than two decades later, the Draft Copyright and Related Rights Bill, 2026, seeks to address a fundamentally transformed digital environment, in which content creation, distribution, and consumption are dominated by online platforms. The Bill shifts the framework from one primarily concerned with piracy and basic rights protection to one that imposes significantly expanded obligations across the digital value chain.

Central to this is the broad definition of “online intermediaries” (such as network operators, internet service providers, social networks, and e-commerce platforms), which captures a wide range of actors that transmit, host, or facilitate access to content. While these entities benefit from safe harbour protections, this is conditional on strict compliance obligations, including implementing repeat infringer policies, acting on takedown notices, and in some cases terminating user accounts.

The Bill also introduces expanded economic obligations by extending the private copying remuneration levy to digital services that create the risk of double remuneration where licensing frameworks already exist.

The Governance Framework

These obligations are underpinned by a restructured governance framework comprising a Copyright Authority, a Copyright Board, and a Copyright Disputes Tribunal. The proposed Copyright Authority is a particularly powerful regulator, with expanded administrative, enforcement, and investigative powers, including the ability to issue compliance certificates, impose fines, and compel disclosure of subscriber information, a function previously reserved for the courts.

At the same time, the Tribunal’s jurisdiction is broadened to include original jurisdiction over infringement and related claims along with appellate jurisdiction over the Authority’s decisions.

A Balancing Act

While the need for reform is clear, there is a need to balance between enforcement and overreach. A framework that overextends liability or blurs the distinction between passive infrastructure and active content platforms risks undermining the very digital ecosystem that facilitates the compliant use of copyrighted works. The central question, therefore, is not whether Kenya should modernise its copyright regime, but whether this recalibration appropriately aligns legal obligations with technological realities and the long-term growth of the digital economy.