25/09/2026
Your phone can now be a camera, a broadcasting studio and a publishing platform — all at the same time.
Someone can point a camera at you in a mall, hotel, street or other public-facing environment and livestream what they see to thousands of people.
But does being in a public place mean you have no right to privacy?
Not necessarily.
Kenya’s Constitution protects the right to privacy, while the country’s data-protection framework regulates how personal data — including identifiable images, video and audio — can be processed and published.
And there is an important distinction:
RECORDING IS NOT THE SAME AS PUBLISHING.
Where you are matters.
Who you record matters.
Why you record matters.
And what you do with the recording afterwards matters.
A mall may be accessible to the public without being public property. A hotel lobby may be open to guests without giving everyone unlimited freedom to record. Certain prohibited places have additional restrictions.
At the same time, consent is not the only legal consideration. Journalism, public interest and other lawful purposes can change the analysis.
So before you press RECORD, ask:
Who am I recording?
Where am I?
Why am I recording?
What am I capturing?
And what happens after I publish it?
In an age where everyone carries a broadcasting station in their pocket, knowing your rights also means understanding the rights of the people in front of your camera.
The camera may be yours. The person in front of it has rights too.