Kenyans love CCTV cameras—whether at the gate, in the shop, or even hidden in the house. But did you know your “extra security” could actually put you behind bars? Here’s why.
1. Privacy is a Constitutional Right
Article 31 of the Constitution protects your right to privacy. This means you can’t just record people secretly without their knowledge. Planting hidden cameras or sneaky recorders is considered a direct violation of that right.
2. The Data Protection Act, 2019 (DPA)
Under the law, any images or recordings of people count as personal data. Collecting this data without consent is illegal. The Office of the Data Protection Commissioner (ODPC) requires that:
- You put clear notices that an area is under surveillance.
- You register as a data controller if you’re storing or using other people’s recordings.
Failure to comply can cost you up to KSh 5 million in fines or 1% of your annual turnover.
3. Court Case: Ondieki v Maeda (2023)
In a recent High Court ruling, a man was found guilty of violating his neighbour’s privacy by installing CCTV cameras that recorded them without consent.
The court declared this a breach of privacy under the DPA, setting a strong warning that CCTV abuse will not be tolerated.
4. Cybercrimes Act, 2018
If you secretly record phone calls or private conversations, you’re breaking Section 53 of the Computer Misuse and Cybercrimes Act. The only exception is if you have a court order or official legal authorisation. Otherwise, you could face jail time.
5. Workplace & Home Recordings
- At work: Employers must notify staff if CCTV is installed. Hiding cameras in offices is illegal.
- At home: Recording bathrooms, bedrooms or other private spaces is a criminal offence. This can amount to voyeurism and invasion of privacy.
6. The Penalties
- Fines of up to KSh 5 million
- Up to 2 years in prison
- ODPC can issue stop orders, and courts can even throw out illegally obtained footage as evidence.
7. When It’s Legal
Not all CCTV is illegal—there are exceptions:
- Police surveillance backed by a court order.
- Home security—but only if your camera captures your property, not the neighbour’s compound.
Quick Do’s and Don’ts for CCTV Users in Kenya
- Do: Put up a visible “This area is under CCTV” sign.
- Do: Avoid placing cameras in sensitive, private spaces.
- Do: Register with ODPC if you’re handling other people’s data.
- Don’t: Secretly record phone calls or conversations.
- Don’t: Film your neighbour’s property without their permission.
The Bottom Line
Yes, CCTV can make you feel safer. But if you misuse it, you could end up losing more than your peace of mind—you could lose your freedom.
Privacy in Kenya is protected by the Constitution, the Data Protection Act, and the Cybercrimes Act. So next time you think of planting that secret camera or recording someone without their knowledge, remember—it’s not just “security.” It could be a crime.
by geoffrey mbuthia
