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Can You Record Conversations and Phone Calls in Kenya?
In Kenya, the law does not explicitly address whether private citizens can record their own conversations or phone calls. However, the Kenyan Constitution in Article 31 protects the privacy of Kenyan citizens by stating:
“Every person has the right to privacy, which includes the right not to have:
(a) their person, home or property searched.
(b) their possessions seized.
(c) information relating to their family or private affairs unnecessarily required or revealed.
(d) the privacy of their communications infringed.”
Based on this constitutional protection, you may be liable for civil action if you record and disseminate a conversation or phone call containing family or private affairs of another person without their consent.
Recording others without seeking their consent may expose you to a lawsuit as the aggrieved party may claim a violation of privacy under the constitution. This is especially likely if the recordings are intended for slander, defamation, or to spread false claims against another person.
Legal experts have noted that Kenya lacks specific legislation similar to wiretapping laws found in other countries. There is no explicit “one-party consent” or “two-party consent” framework written into Kenyan law. This means the legality of recording is largely determined by constitutional privacy protections and the purpose for which the recording is made.