On this page
01. Where cameras are not allowed02. Running CCTV lawfully03. Hidden cameras at home04. FAQ
Kenya's Constitution (Article 31) protects privacy, and the Data Protection Act, 2019 governs recording people's images. Cameras must not be placed where people expect privacy: bathrooms, toilets, bedrooms and changing rooms. Recording secretly, or pointing cameras into a neighbour's home or compound, risks complaints to the Office of the Data Protection Commissioner (ODPC) and court action. Visible cameras with clear notices are the safe approach.
Key takeaways
- No cameras where people expect privacy.
- Don't point cameras into neighbours' property.
- Tell employees and visitors they are being recorded.
- Secret recording without a legal basis is risky.
- This is general information, not legal advice.
01Where cameras are not allowed
- Bathrooms and toilets
- Bedrooms (other than with the occupant's knowledge in their own home)
- Changing rooms and staff changing areas
- Into a neighbour's house, compound or windows
In Ondieki v Maeda (2023), the High Court found a resident's CCTV that could record a neighbour's property violated his privacy. Legal commentators have questioned parts of the ruling, but it shows courts take camera angles seriously.
02Running CCTV lawfully
- 01Have a clear purposeSecurity of your property or premises.
- 02Put up noticesSigns at entrances saying CCTV is in operation and who runs it.
- 03Aim cameras at your own propertyUse privacy masking for parts of neighbours' compounds in view.
- 04Tell staffEmployers should inform workers of the presence, purpose and scope of cameras.
- 05Protect footageLimit who can view it, keep it only as long as needed.
04Frequently asked questions
Are hidden cameras illegal in Kenya?
Secret recording of people without a lawful basis, especially in private spaces, can breach privacy and data protection law.
Can my neighbour's camera face my compound?
Cameras aimed into a neighbour's property can breach privacy; raise it with them or complain to the ODPC.
Do I need a CCTV sign?
Notices are the standard way to tell people they are being recorded, and are expected for businesses.
