Kenya’s Committee on Communication, Information and Innovation has rejected calls for a complete ban on TikTok, instead proposing mandatory local storage of Kenyan user data and full compliance with national laws in a report adopted for debate in the National Assembly.
Kenya’s parliamentary Committee on Communication, Information and Innovation has rejected calls for a complete ban on the popular short-video platform TikTok, concluding that such a measure would be unconstitutional and cause significant economic harm.
In a report adopted for debate in the National Assembly on February 18, 2026, the committee instead recommended sweeping regulatory reforms that would require TikTok and similar social media platforms to store Kenyan user data locally, fully comply with national data protection and content moderation laws, and establish clear mechanisms for addressing harmful content, misinformation and child safety concerns.
Committee Chairperson and Kikuyu MP Kimani Ichung’wah tabled the report, saying a blanket ban would infringe on freedom of expression under Article 33 of the Constitution and disrupt livelihoods for thousands of content creators, small businesses and digital marketers who depend on the platform.
“Banning TikTok would amount to prior restraint on speech and would disproportionately affect young Kenyans who use the app for education, entertainment, business promotion and social connectivity,” Ichung’wah said during the tabling. “The economic cost would be enormous—lost advertising revenue, reduced digital skills development and diminished Kenya’s global digital footprint. Regulation, not prohibition, is the constitutional and pragmatic path.”
The committee’s report followed months of public hearings, stakeholder submissions and expert testimony after several MPs initially proposed banning TikTok over concerns about harmful content, data privacy breaches, youth addiction and alleged national security risks. Witnesses from civil society, the communications sector, child protection agencies and digital rights groups largely opposed an outright ban, arguing it would set a dangerous precedent for internet censorship.
The proposed reforms include:
The committee also directed the CA to develop a comprehensive code of conduct for social media platforms within six months, with clear penalties for non-compliance, including fines, restrictions on advertising revenue and, as a last resort, temporary suspension of services.
“We are not giving social media companies a free pass,” Ichung’wah emphasised. “They must respect Kenyan laws, protect our children and contribute to the digital economy. Local data storage will give our regulators visibility and enforcement power, while preserving the benefits of these platforms for innovation and expression.”
The report has drawn mixed reactions. Digital rights groups welcomed the rejection of a ban but cautioned that localisation requirements could be abused to increase surveillance. Article 19 Eastern Africa Regional Director Mugambi Kiai said: “While we support strong child protection and content moderation, forced data localisation can create new risks of government overreach. The safeguards must be robust and judicially supervised.”
The Kenya Private Sector Alliance (KEPSA) and the Kenya Association of Manufacturers (KAM) praised the committee for prioritising economic impact. KEPSA CEO Carole Kariuki said: “TikTok and similar platforms are powerful tools for youth entrepreneurship, brand marketing and creative industries. A ban would have sent a chilling signal to investors in Kenya’s digital economy.”
The Kenya Film Classification Board and child protection NGOs, however, criticised the report for not going far enough on harmful content. “The recommendations are a step forward, but we need mandatory algorithmic transparency and faster takedown of exploitative material,” said a spokesperson for the National Council for Children’s Services.
The report now heads to the full National Assembly for debate and possible adoption as a resolution or basis for new legislation. If approved, the CA will be required to gazette detailed regulations within 90 days.
As Kenya continues to grapple with balancing digital innovation, public safety and national sovereignty in the social media era, the committee’s decision signals a preference for targeted regulation over outright prohibition.
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