Technology, Media and Telecommunications – Kenya

Our Partner, Brian Tororei, contributed the Kenya Chapter in The Technology, Media and Telecommunications Review – Edition 8. The fully updated edition provides an overview of evolving legal constructs in 26 jurisdictions around the world. It is intended as a business-focused framework for both start-ups and established companies as well as an overview for those interested in examining evolving law and policy in the rapidly changing Technology, Media and Telecommunications sector.

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The Chapter on Kenya takes an eagle view on the developments within the Technology, Media and Telecommunications Sector in Kenya from the laying down of the Kenya ICT Master Plan 2017 in 2013, the landing of various submarines cables, the launch of the National Optic Fibre Backbone infrastructure (NOFBI), the digital migration in 2015 and takes an telescopic view into the future of Blockchain Technology, Internet of Things, Geospatial Information Systems and the deployment of 4G among others.

It gives a brief overview of the Technology, Media and Telecommunications Sector in Kenya followed by broad discussions on Technology, Media and Telecommunications Sector Legal and Regulatory Framework; Telecommunications and Internet Access; Spectrum Policy; Media; The Year in Review and the Conclusions and Outlook.

Detailed discussions touch on issues such as the regulators in Kenya’s Technology, Media and Telecommunications Sector, the Regulated Activities; Ownership and market access restrictions; Transfers of control and assignments; Internet and internet protocol regulation; Universal service; Restrictions on the provision of service; Security; Spectrum Policy Development; Flexible spectrum use; Broadband and next-generation mobile spectrum use; Spectrum auctions and fee; Restrictions on the provision of services in Kenya’s Media Industry; and Internet-delivered video content.

Under the 2017 Year in Review, the Chapter highlights a number of developments in the Technology, Media and Telecommunications Sector including the cabinet approval of the Computers and Cybercrime Bill, 2017; and the approval of the Draft Wireless Broadband Spectrum Policy, 2017.

The Chapter also gives a brief review of the Republic v. Communications Authority of Kenya ex-parte Geonet Communications Limited & 5 others, High Court of Kenya at Nairobi, JR Miscellaneous Civil Application No. 358 of 2015, [2016] eKLR (G V Odunga J, 19 September 2016) where GeoNet Communications Limited indicts Kenya’s three major and other MNOs for violating the interconnection regulations.

The Chapter concludes with a positive high noting that Kenya is moving rapidly towards its target of being Africa’s ICT hub notably with the landing of various submarine cables and the deployment of NOFBI.


The Chapter appreciates that increased internet penetration and access is likely to be experienced with continued deployment of the NOFBI by private telecoms through the last-mile connections and their respective fibre network.

The Chapter looks out for increased deployment of 4G and enhanced use experience, the passing of the Computers and Cybercrime Bill, 2017 into law as a major boost to cybersecurity, increased interest and investment in internet of things (IoT) by both government and private players in the ICT sector.

The Chapter forecasts the adoption of IoT for the deployment of an asset data hub providing for, inter alia, asset unique identifiers, a transport information management system and smart ID cards for livestock and the adoption of Blockchain Technology in the banking and financial services sector, the health sector, the insurance sector, the stock trading sector and the land sector.

Read the Chapter

At TLO Law Associates, we care about Technology, Media and Telecommunications.

Our legal representation, advisory and consultancy services spans through, Technology, Data Privacy and Protection, Cyber Security, Media and Telecommunications among others. For legal assistance, or more information on our services, kindly contact us.

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Brian Tororei lends a hand and heart to Nairobi Legal Awards

At TLO Law Associates, we believe in giving service to the community. In that spirit, our Partner Brian Tororei, accordingly volunteered his time and energy to the LSK Nairobi Branch as an assessor for its recently concluded Nairobi Legal Awards.

Brian Tororei receives a Certificate of Appreciation from the LSK Nairobi Branch Chairman

Brian’s task involved site visits to the law firms and organisations that had been shortlisted for the awards to evaluate them and verify the information that had been previously submitted by the applicants through a questionnaire.

Brian together with three other assessors participated in the assessment stage after which they presented their assessment reports to a jury panel for final determination of the awardees.

Brian Tororei who was able to assess four (4) of the seven (7) shortlisted organisations says that the Nairobi Legal Awards 2017-18 was a success. He says the Gala Night that went down on 26 April 2018 exceeded his expectations.

Take a glimpse:

You can find more updates on the Nairobi Legal Awards here and here.

At TLO Law Associates, we offer legal services in Technology Media and Telecommunication, Corporate and Commercial, Dispute Resolution and Consultancy and Advisory Services. For more information, kindly contact us.

This Article is copied and adopted with the permission of KT Law Associates.

Brian Tororei speaks on Artificial Intelligence, Machine Learning and the Law

Brian Tororei, our Technology Media and Telecommunications lead partner, participated in a panel discussion on Artificial Intelligence, Machine Learning and the Law at Mettā Nairobi on 20 March 2018.

Brian Tororei speaking on Artificial Intelligence, Machine Learning and the Law at Mettā Nairobi on 20 March 2018

The discussion covered the basic definition of and distinction between Artificial Intelligence (AI) and Machine Learning (ML), reviewing their unique elements. It also focused on the ethical and legal issues around the deployment of artificial intelligence.

The Uber driverless car accident that occurred in Arizona US, also featured in the discussion on ethical questions touching on autonomous vehicles and whom to attach liability on in the event of an accident.

Read on the accident here.

The audience was also concerned about the claims that AI is taking over jobs. The panellists were of the opinion that while such trends were becoming a reality within the developed states and countries, it might be a while before Kenyans have a firsthand experience on the negative effects of AI in the job market.

It was also noted that jobs are likely to be created as people will be forced to engage their creativity and that there was no need to worry, especially with technical and specialised jobs that need people skills such as being empathic among others.

Appreciating that AI and ML rely heavily on the availability of data sets for the learning and training of machines, Tororei lamented on the fact that there is presently no specialised legal regime for Data Protection and Privacy in Kenya.

Brian noted that for AI and ML to be a reality in Kenya, we would need robust infrastructure including the establishment of data centres, deployment of broadband to increase internet penetration and the availability of reliable and sufficient electricity, among others, and a robust legal regime governing data protection and privacy, which would guide, inter alia, the collection, collation, analysis, storage and sharing of data.

Brian is keen on seeing the deployment of AI and ML in the delivery of legal services in Kenya and is benchmarking with international law firms. He looks forward to the time when AI and ML will become a reality and hopes to hold a conversation with a computer with natural language processing ability and computer vision among others.

On the regulation of AI and ML, the general mood of the panellists and the audience was that regulation was a Must have. While agreeing with the general mood, Tororei was keen to point out that beneficial regulation would be one from an informed point of view rather than a lazy and dismissive approach such as the one regarding Bitcoin and relate cryptocurrencies.

Brian hopes that the legislators and practising advocates would develop interest in cutting edge technologies such AI, ML and Blockchain Technology, among others, and dive into the technical aspects so as to properly inform their regulation with a forward looking approach rather than a knee-jerk reaction. That, Now

is the time to develop the interest and act on it.

At KT Law Associates, we care about your privacy and your data protection. We offer legal representation and consultancy services on how best you can safeguard the integrity of your data within your capacity. For legal assistance, kindly contact us.

KT Law Associates at 1st Kenya – Poland E-Health Summit

KT Law Associates’ Technology, Media and Telecommunications Team attended the first (1st) Kenya – Poland E-Health Summit held on 20th March 2018 at Windsor Country and Golf Club and organised by:

E-Health is presently Kenya’s top priority with the support and political goodwill of the President couple with a positive policy and legal framework. The existing business environment is very friendly to the deployment and development of various e-health initiatives, including, inter alia, telemedicine, electronic medical records, and hospital information systems.

The challenges in the operationalisation and implementation of already existing policies and available technologies, a common denominator in many other countries in the world, brings Poland and Kenya together presenting and interesting partnership for the sharing of regulatory experiences as well the establishment of viable business links and mutual scientific corporation.

To this end, the day’s sessions covered an array of topics including, among others, e-health regulations and strategy, regional platforms, e-prescription, e-referral and central medical data systems, Cloud computing in healthcare, ICT in the Polish Hospitals in digital transformation, the European Perspective: GDPR (EU General Data Protection Regulation) on Data Privacy and Business opportunities in ICT in healthcare in Kenya.

The Title Sponsors were: Microsoft,

and Asseco Poland

Through the sessions, there was a general consensus and belief that there is very fertile ground for collaboration in the implementation of their innovative e-health solutions not only between Polish and Kenyan entrepreneurs but also amongst entrepreneurs in Kenya and the county government.

Huge potential for the utilisation of polish technologies and experience in many e-health initiatives in Kenya were identified which are likely to lead to the establishment of valuable links between Kenya and Poland that would lead to many successful common ventures.

Data protection and privacy concerns were very alive especially in considering that Kenya lacks robust data protection and privacy laws.

KT Law Associates cares about your privacy and the integrity of your data. We offer legal and consultancy services on specialist areas including data protection and privacy. Kindly contact us for legal assistance.