On 10th September 2025, I attended the Stakeholder Consultative Forum on the National Data Governance Policy at Ole Sereni Hotel. The Ministry of Information, Communications and the Digital Economy convened the forum to chart Kenya’s future in governing data across government, private sector, academia, and civil society. Being part of these conversations as the Principal Advocate at Valarie Waswa & Company Advocates allowed me to bring both legal insight and practical perspective to the room.
Why This Policy Matters
Kenya’s economy already runs on data. Banks assess creditworthiness with it. Hospitals rely on it for patient care. Schools and universities record learners through it. Businesses make decisions based on it. Yet the frameworks that should guide these processes remain scattered, inconsistent, or missing. The National Data Governance Policy seeks to close these gaps and treat data as a strategic national resource.
Insights from Group Discussions
In the breakout sessions, I served as rapporteur for our group. We examined three pertinent areas areas: stakeholder mapping, institutional surveys, and policy gaps.
Stakeholder Mapping
The group emphasized the importance of capturing a broad spectrum of voices. Public agencies, private sector players, academia, civil society organizations, and professional associations all carry unique perspectives. Regulators emerged as both champions and gatekeepers in this process.
Institutional Surveys
No single department can provide a complete picture of data governance. Data protection officers, system administrators, and developers contribute technical expertise. Legal and compliance units ensure adherence to obligations. HR, finance, procurement, and quality assurance officers reveal how data flows through daily operations. A multi-departmental approach is the only way to capture the full landscape. Effective engagement will require more than email questionnaires; it will depend on direct outreach through memos, phone calls, workshops, and in-person consultations.
Policy Gaps
Participants identified capacity weaknesses among judicial and legal officers, low awareness of compliance obligations, and fragmented security systems. Data silos persist across ministries and counties. Public-private partnerships are hampered by the absence of clear frameworks.
Existing laws often fail to keep pace with technology, while restrictive agreements and confidentiality clauses raise sovereignty concerns. Kenya remains dependent on international service providers, leaving national data exposed to external decisions.
Emerging technologies such as AI and IoT add further pressure on privacy, access, and affordability. Without investment in homegrown expertise and infrastructure, Kenya risks permanent dependency and weakened data sovereignty.
The Road Ahead
The ministry outlined a six-month process running from August 2025 to January 2026. The first phase involves drafting a concept note, benchmarking best practices, and conducting needs and gaps assessments through interviews and consultations. The second phase will focus on policy formulation and validation, including data analysis, drafting, and alignment with existing frameworks. The final phase will see Cabinet approval and adoption in early 2026.
This timeline shows a deliberate approach: consultation, analysis, validation, adoption. Each step is designed to produce a framework that is practical, inclusive, and enforceable.
A Shared Responsibility
Participating in this process reminded me why law and policy must always evolve alongside technology. At Valarie Waswa & Company Advocates, we view our role not only as protectors of rights but also as active contributors to building the frameworks that safeguard those rights in the digital era. Data is the new soil. Those who cultivate it will feed the future. Without governance, it is noise. With governance, it becomes knowledge. The wealth of a nation lies in its data, and how Kenya chooses to govern it will define our digital future.
About the Author
Valarie Waswa is a Certified Data Protection Officer, a lawyer by profession, an Advocate of the High Court of Kenya and East Africa by extension, and the Founding Partner of Valarie Waswa & Co. Advocates
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