Sh500m fines, five-year jail terms as Kenya moves to police social media

Social media companies could soon face some of the heaviest financial penalties in Kenya's digital sector, with a proposed law seeking to impose fines of up to Sh500 million on platforms that fail to meet new online safety standards.

The proposed Online Safety Bill, 2026, seeks to hold technology firms accountable for harmful material shared through their services while placing greater responsibility on their senior executives for violations committed under their watch.

Under the proposed legislation, companies found guilty of breaching its provisions could be fined up to Sh500 million or 10 per cent of their annual global turnover, whichever penalty applies under the proposed framework.

The Bill also targets company directors and senior executives, who could face individual prosecution if offences are committed with their knowledge, approval or through gross negligence.

Those found guilty would risk fines of up to Sh10 million, imprisonment for a maximum of five years, or both.

Sponsored by Embakasi West MP Mark Mwenje, the legislation proposes a wider regulatory role for the Communications Authority of Kenya (CA), giving the agency powers to monitor and enforce compliance among social media companies, search engines and internet services that allow users to interact with one another.

The proposed measures are likely to reignite discussions about government oversight of digital spaces, particularly the balance between protecting internet users from abuse and safeguarding freedoms enjoyed on online platforms.

In the memorandum of objects, Mwenje argues that the proposed legal framework is necessary to tackle growing dangers associated with online interactions and the way digital platforms operate.

“The proposed framework is intended to address online grooming, predatory contact, cyberbullying, harmful algorithmic feeds and features that encourage addictive use of digital platforms,” the MP says in the memorandum of objects.

The Bill places particular emphasis on protecting children, requiring digital service providers to establish systems for identifying and evaluating potential dangers linked to illegal and harmful content.

Companies would also be expected to introduce measures to reduce such risks and prevent minors from accessing inappropriate material through their platforms.

One of the key proposals would bar social media providers from allowing children to register or use their services without obtaining parental consent.

Parents, in turn, would be expected to take greater responsibility for their children's online activities by offering guidance and monitoring how they use digital platforms.

This would include educating minors on the dangers of engaging with strangers online and the importance of protecting personal information when interacting with other users.

Beyond parental supervision, the proposed legislation would introduce mandatory safety checks for companies offering regulated digital services.

Such firms would be required to carry out assessments of the risks posed by unfair criminal charges against responsible executives, the Bill seeks to make online safety a direct responsibility of both digital platforms and their leadership.