Using Virtual Private Networks (VPNs) is currently legal in Kenya. There is no specific legislation that prohibits individuals or businesses from utilizing this technology to secure their internet connection. The Constitution of Kenya guarantees the right to privacy under Article 31, which supports the use of tools that protect personal data and communication from unauthorized surveillance (1). Advocacy groups note that despite surveillance concerns, the legal framework continues to uphold the right to privacy, allowing citizens to employ encryption measures for their digital safety.
The Communications Authority of Kenya (CA) serves as the regulatory body for the information and communications sector. Far from banning the technology, the government acknowledges its utility for cybersecurity. The authority has issued guidelines on information security that encourage the use of VPNs as a protective mechanism against cyber threats. By recommending these tools, the state recognizes their role in ensuring data integrity and confidentiality for users operating within the country's digital infrastructure (2).
"A virtual private network (VPN) connection is used when connecting to business systems through an unsecured connection. Even if an attacker manages to position themselves in the middle of the connection, the data here will be strongly encrypted."
While the use of a VPN is lawful, engaging in criminal activities while using one remains illegal. The national laws target specific offenses such as unauthorized access and cyber espionage, regardless of the tools used. Users must adhere to local regulations, as the encryption provided by a VPN does not grant immunity from prosecution for illicit acts. The focus of the legal framework is on penalizing the misuse of technology rather than the technology itself.
Source:
https://www.privacyinternational.org/state-privacy/1005/state-privacy-kenya
https://www.ca.go.ke/sites/default/files/CA/Industry%20Codes%20of%20Practice/General-Information-Security-Best-Practice-Guides-for-Kenya-1.pdf
Last updated: 11-01-2026 Disclaimer: This article does not provide legal advice. If you need legal advice, please contact an attorney directly.
