MPs reject total ban on TikTok, want data housed locally

A parliamentary committee has formally rejected calls for a total ban on the popular social media app TikTok in the country, arguing that such a move would be unconstitutional and economically disastrous.

Instead, lawmakers have proposed a strict new regulatory framework that would force the platform, and others like it, to store Kenyan user data locally and comply fully with national laws.

The recommendations are contained in a report adopted for debate in the National Assembly, after weeks of public participation and stakeholder engagement.

While acknowledging widespread concerns about harmful content, data privacy, and the protection of minors on the platform, the Committee on Communication, Information, and Innovation concluded that a ban was not the answer.

“A total ban of TikTok is not tenable because it infringes upon fundamental rights and freedoms in the country,” the report on the petition by Kisumu politician Bob Ndolo notes.

“Further, a ban on the social media platform would stifle social and economic growth and the benefits of internet connectivity as the nation seeks to enhance its digital economy.”

Instead of blocking access, the National Assembly is now pushing for a multi-agency crackdown to ensure TikTok and other platforms are held accountable to Kenyan law.

The proposals, if adopted, would represent one of the most significant overhauls of social media governance in the region.


At the heart of the proposed regulations is a demand for data localisation, with the Ministries of Interior and ICT tasked with ensuring that platforms establish local infrastructure to keep the data of local users within the country’s borders.

Currently, much of this data is stored on servers outside Kenya, raising concerns about sovereignty and security.

The Data Protection Commissioner has also been roped in, tasked with auditing the platforms’ compliance with the Data Protection Act of 2019.

Lawmakers want a detailed report on how effective age-verification tools actually are and are pushing for ‘Kenya-specific supplemental terms’ in privacy policies, tailored to the local legal context.

The committee also expressed deep concerns about content moderation. To address this, it has called for an audit of the Artificial Intelligence (AI) systems used to flag inappropriate material, with a specific focus on training algorithms to understand local languages and dialects.

The report emphasises the need for more human content moderators who are familiar with the Kenyan context and insists that these moderators be provided with adequate psychosocial support, given the often-traumatic nature of reviewing harmful content.

Beyond safety, the report also addresses the economic aspirations of Kenyan creators. It recommends that TikTok and other platforms without local monetisation policies introduce them, allowing Kenyan content creators to earn direct revenue from their work, similar to their counterparts in Europe and North America.

To enforce the measures, Parliament plans to amend the Kenya Information and Communications Act (CAP 411A) to task the Communications Authority of Kenya (CAK) to regulate social media platforms.

“The Committee recommends that social media platforms, including TikTok, be regulated and periodic compliance reviews by the relevant state agencies be institutionalised,” the report states.


The relevant ministries and the Data Commissioner have been given four months upon adoption of the report to begin implementing the changes and reporting back to the House. A vote is expected in the near future.

A section of lawmakers is jittery about the intended regulations. Kirinyaga Woman MP said, “I have read this report extensively and my law lecturer taught me to always look for the devil in the details. And I do ask myself, why now, what is the rationale behind it, how extensive will these regulations be? Will they be used to stifle dissent, to stifle key fundamental rights and freedoms guaranteed by the Constitution?”