TikTok Information Technologies UK Limited and TikTok Inc (TikTok) were fined £12,700,000 by
the Information Commissioner’s Office (ICO) for a number of data protection legislation
violations, including failing to use children’s personal data legitimately.

Despite its own policies prohibiting children under 13 from opening an account, the ICO
estimates that TikTok allowed up to 1.4 million UK children under 13 to use the site in 2020.

According to UK data protection law, organizations that provide information society services to
children under 13 must acquire parental or guardian agreements before using personal data
about them.

  • The UK General Data Protection Regulation (UK GDPR) was broken by TikTok between May2018 and July 2020 in the following ways, according to the ICO:
  • Offering its services to children under the age of 13 in the UK and processing their personal information without their parents’ or guardians’ permission;
  • Failing to adequately notify platform users about how their data is collected, utilized, and shared in a clear and understandable manner. Without that knowledge, platform users—especially young users were unlikely to be able to decide for themselves whether and how to interact with it;
  • Failing to make sure that the personal data of its UK users were handled fairly, lawfully, and in an open manner.

There has been a lot of controversy and heated debates on the use of this platform by minors.The majority of people believe this site is highly inappropriate for minors to use and believe. serious measures should be set in place to protect minors. This begs the question, does Kenya have laws or regulations to safeguard minors’ interests in online platforms such as Tik Tok?


The Data Protection Act of 2019 defines sensitive personal data as revealing the names of a
person’s children. It further states that one cannot process the personal data of a child without
parental consent or unless it advances the best interests of a child. 2 Additionally, the Act states
that a data processor or controller should set in place mechanisms for age verification and
consent to process a child’s personal data namely;

  • Available technology;
  • Volume of personal data processed;
  • Proportion of such personal data likely to be that of a child;
  • Possibility of harm to a child arising out of the processing of personal data; and
  • Such other factors as may be specified by the Data Commissioner.

The are various harmful activities that can arise from the use of TikTok by minors which include;

  • Grooming – defined in the Children’s Act 2022 as the establishment of a relationship through electronic means to manipulate a child and facilitate sexual contact.
  • Online abuse, harassment, or exploitation in which minors may be subjected to cyberbullying and stalking from adults.
  • Child pornography – this is where a minor’s photos or images may be used and distributed for sexual purposes and is an offence as per the Computer, Cybercrimes and Misuse Act 2018.

These are some of the dangers that our children may be subjected to if online platforms such as
Tik Tok fail to set up and enforce regulatory mechanisms to protect them. However, it is evident
as per the issue in the United Kingdom, that these platforms are profit-based and will do
anything to gain more followers to boost its popularity and sales.

This is the main reason why the Office of the Data Protection Commissioner as established
under Section 5 of the Data Protection Act has the following powers;

  • Promote self-regulation among data controllers and data processors;
  • Conduct an assessment, on its own initiative of a public or private body, or at the request of a private or public body for the purpose of ascertaining whether the information is processed according to the provisions of this Act or any other relevant law;
  • Receive and investigate any complaint by any person on infringements of the rights under this Act;
  • Conduct inspections of public and private entities with a view to evaluating the processing of personal data.

The Data Protection Commissioner is thus mandated by law to ensure that TikTok and other
online platforms create mechanisms to protect the data of children using their platforms and
regulate the content that they view.


Kenya has the necessary legal framework to protect data of the minors. It is up to the Kenyan
public to raise issues or file a complaint against these online platforms if there are no
mechanisms to safeguard our children. Finally, the Data Protection Commissioner is legally
obliged to compel these platforms to protect children and raise punitive measures against
platforms that fail to do so.


Data Protection Act 2019
Children’s Act 2022
Computer and Cybercrimes and Misuse Act 2018.

For More Information Please Contact


National Rating Bill, 2022: A Revenue Generating Tool for County Governments

Owners of rateables property have an obligation to pay land rates to the County
Government. The Counties’ only recourse, in case of unpaid land rates, is usually
issuance of waivers to property and land owners to clear unpaid land rates. This
recourse promotes compliance however, it denies the county internal revenues.
The National Rating Bill, 2022 plans to empower the 47 county governments to seize
and sell the property and land of defaulters upon the expiry of a 60-day notice to
clear their dues. The County government is required to adhere to the procedures in
the Bill to recover the rates due. This is an efficient way of increasing the revenue for
the county.

The Bill requires the rates to be reviewed after every five years thus ensuring the
rates are charged at market value. This move also entitles county governments to be
recognized as beneficiaries in succession matters where the property has unpaid
land rates. The Bill has passed the first reading at the National Assembly.

For More Information Please contact




Arthur Igeria EALS Appointment

We are proud to announce our Snr Partner Arthur Igeria has been appointed as the Vice Chairperson of Alternative Dispute Resolution Committee of the East Africa Law Society (EALS).

The EALS is the regional bar association of East Africa with Its headquarters based in the Republic of Tanzania and with has over 19,000 members. EALS membership comprises all the national bar associations of the East Africa Community, including the Law Society of Kenya, Tanganyika Law Society, Uganda Law Society, Zanzibar Law Society, Rwanda Bar Association, Burundi Bar Association and the South Sudan Bar Association

Arthur, the Founder and Senior Partner of the firm of IGERIA & NGUGI ADVOCATES, is a legal practitioner with over two decades of experience in Arbitration and Commercial Law in Kenya. He has also previously served as Chairman of the Nairobi Centre for International Arbitration (NCIA).

Arthur currently serves as: –

  • Director at Centre for Corporate Governance (CCG).
  • Trustee at Africa Conservation Centre.
  • Member of Chartered Institute of Arbitrators, Nairobi Branch Committee.
  • Member of Institute of Certified Public Accountants (K) Disciplinary Committee.
  • Member- Strathmore Dispute Resolution Centre (SDRC) Panel of Mediators. the East Africa Law Society.

For more information feel free to contact:




Alternative Justice System Policy

In an effort to breakdown conceptual structures of legal practice and thought adopted from our colonial and post-colonial contexts– Chief Justice David Maraga, on 28th /Aug/ 2020, launched the Alternative Justice System (AJS) Policy which is aimed at enhancing access to justice and supporting expeditious delivery of justice to Kenyan citizens. The Alternative Justice Systems (AJS) policy was drafted by the Taskforce on Informal Justice Systems gazetted by the retired Chief Justice Dr. Willy Mutunga in May 2016.

The AJS policy will provide alternative forms of dispute resolution mechanisms, including traditional approaches, as long as they:

Do not Contravene the Bill of Rights,

Are not repugnant to justice or morality

Are not inconsistent with the Constitution or any written law.

During the Launch, CJ Maraga noted that; Kenyan communities have, for generations, had their own justice systems that have held, and continue to hold, societies together. With this in mind, the Alternative Justice Systems as adopted in this Policy are community-centered and reflect the lived realities of the people and, therefore, more accessible to people. 

Justice will be achieved differently: The AJS system will prevent injustice and reduce harm suffered by people by focusing on root causes of injustice and on justice needs of entire communities and societies rather than just individuals. He noted that the policy is an important guide on the operationalization of the systems, for all the institutions in the justice system sector.

His Deputy, Chief Justice Philomena Mwilu said that ideas and methods between formal Justice systems and Alternative Justice System practices and mechanisms will improve each other and deepen justice provision in the country.

We are eager to experience the changes the AJS will bring to the Kenyan citizens.