The Data Protection act Kenya – Date of Assent: 8th November, 2019.
Date of Commencement: 25th November, 2019

The Data Protection Act Kenya Established the Office of the Data Protection Commissioner commonly known as the ODPC Kenya) whose HQ is at Britam Tower, 12th & 13th Floor. Hospital Road, Upper Hill – Nairobi

Data protection commissioner is Ms. Immaculate Kassait MBS, she is the current and Kenya’s first Data Commissioner. She was sworn in On 16th November 2020.

You’re a controller if you determine the purpose and manner in which personal data is processed. You’re a processor if you process personal data on behalf of a data controller and you’re subject to their authority e.g. a payroll service provider.

The fees payable are between Kshs. 4,000/- to Kshs. 40,000/- with a renewal fee between Kshs. 2000/- and Kshs. 25,000/- after every 2 years.
To break it down further –
1. Micro and small private organization’s (less than 50 employees and annual of less than Kshs 5 million) Registration fee – Kshs 4,000 and renewal fee Kshs 2,000 after 2 years.
2. Medium-sized private organizations (51 – 99 employees and annual turnover of more than 5 million but less than 50 million)- Registration fee – Kshs 16,000 and renewal fee Kshs 9,000 after 2 years.
3. Large private organizations (more than 99 employees and an annual turnover of more than Ksh 50 million) – Registration fee – Kshs 40,000 and renewal fee Kshs 25,000 after 2 years.
4. Public entities – Registration fee – Kshs 4,000 and renewal fee Kshs 2,000 after 2 years.
5. Charitable and religious entities – Registration fee – Kshs 4,000 and renewal fee Kshs 2,000 after 2 years.

The Data Protection Act mandates that data controllers, must report any data breaches to the ODPC within 72 hours of becoming aware of the incident