Under Kenyan law, no provision specially addresses the issue of intermediary liability. There are no stated take down laws, policies or procedures. There is also no safe harbour for intermediaries or similar provisions limiting their liability. However, the activities of the intermediaries are assessed and regulated according to general provisions of criminal or civil liability. Under this framework, Intermediaries are responsible for filtering, removing and blocking content that is considered illegal, e.g. under criminal law or copyright, information communication, or hate speech legislation. However, they have no obligation to monitor traffic on their networks unless they are made aware of an illegal/unauthorized content or activity. The relevant provisions are detailed below.
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