Kenya MPs Oppose TikTok Ban, Call For Regulation

Kenyan lawmakers have rejected calls to ban TikTok, instead directing the government to introduce stricter regulation, data localisation measures and stronger age verification controls within four months.

In a debate held on Tuesday, February 17, 2026, Members of Parliament resolved that a total ban on the platform would be disproportionate and unconstitutional, citing concerns over freedom of expression, youth entrepreneurship and the growth of Kenya’s digital economy.

The decision follows Public Petition No. 41 of 2023, initially filed on August 15, 2023 by Bob Ndolo, Chief Executive Officer of Bridge Connect Consultancy, which called for an outright ban over concerns about explicit content, hate speech, mental health risks and data privacy violations. The petition was later revised to seek regulation rather than prohibition.

The National Assembly Public Petitions Committee concluded that while the concerns raised were significant, a blanket ban would infringe on constitutional rights and stifle social and economic benefits derived from internet connectivity. “The total ban of TikTok is not tenable,” Karemba Muchangi, Committee Chair and Ruyenjes MP told the House, noting that social media platforms have become critical tools for communication, creativity and youth enterprise.

Tom Joseph Kajwang’ Ruaraka MP, seconding the motion, said Parliament had a constitutional duty to provide oversight on matters affecting citizens in the digital space. He cited rising mental health concerns linked to excessive social media use, alleged data privacy gaps and growing social isolation among teenagers as justification for urgent regulatory reforms.

According to the Committee’s June 2024 summary report, regulators acknowledged significant enforcement gaps. The Communications Authority of Kenya (CAK) stated it currently lacks a clear legal mandate to regulate social media platforms under the Kenya Information and Communications Act (CAP 411A), while the Office of the Data Protection Commissioner flagged potential non-compliance with the Data Protection Act 2019, particularly regarding overseas storage of Kenyan user data.

The Committee also raised concerns over weak age verification mechanisms, inadequate content moderation and the lack of local monetisation structures for Kenyan creators. Evidence presented showed that TikTok’s AI moderation systems are not fully trained in Kenya’s more than 100 local languages, and that only about 250 human moderators handle Kenyan and regional content, with limited psychosocial support. The platform currently has no physical office in Kenya.

As part of the resolution, the Ministry of Interior and National Administration and the Ministry of Information, Communication and the Digital Economy have been directed to strengthen age verification systems across social media platforms and ensure localisation of Kenyan user data through local infrastructure within four months. The Office of the Data Protection Commissioner will audit compliance with Kenyan law and report on the effectiveness of age verification, content filtering and Kenya-specific privacy terms.

Parliament also tasked the Departmental Committee on Communication, Information and Innovation with proposing amendments to CAP 411A to formally empower CAK to regulate social media platforms. Additionally, the Ministry of ICT has been instructed to audit artificial intelligence moderation systems, expand training in local languages, increase the number of human moderators with adequate psychosocial support and establish clearer reporting mechanisms for illegal or harmful content.

The Committee further recommended that TikTok and other platforms introduce transparent monetisation policies to enable Kenyan creators to earn directly from their content, reducing reliance on live gifting systems that have raised concerns about exploitation and inappropriate material.

While Parliament stopped short of imposing a ban, lawmakers made it clear that the current regulatory vacuum is no longer acceptable, signalling a new phase of tighter oversight for social media platforms operating in Kenya.