A proposed bill before Parliament could require children below 18 to get permission from a parent or guardian before accessing social media platforms and other regulated online services.
The Online Safety Bill, 2026, was introduced by Embakasi West MP Mark Mwenje. It aims to protect children from illegal online material while giving the Communications Authority of Kenya (CA) powers to monitor platforms and enforce the proposed rules.
Under the Bill, a parent or another person legally responsible for a child would decide whether the child can use a regulated online service. The decision should consider the child’s age, maturity and best interests. A parent would also be allowed to withdraw permission at any time. Once consent is withdrawn, the provider would have to restrict the child’s access within a period set under the law.
Online platforms would have to introduce age-checking systems to establish whether a user is under 18. They would also have to confirm that permission has been given by a person with parental responsibility, rather than simply accepting a claim made by the child.
The proposed law would give the Communications Authority enforcement powers. If the regulator has reasonable grounds to believe that a provider has broken the rules, it could issue a compliance notice. The notice would identify the part of the law allegedly breached, explain the facts, state what action is required and give the provider a deadline.
Companies that fail to meet the duty of care set out in the Bill could face a fine of up to KSh500 million or 10 per cent of their annual turnover. Senior company officials could also be held responsible. An executive whose consent, involvement or serious negligence leads to an offence could, if convicted, face a fine of up to KSh10 million, a prison term of up to five years, or both.
The Bill also covers offences linked to the Computer Misuse and Cybercrimes Act, the Prevention of Terrorism Act and child sexual abuse material. The proposed rules therefore target more than ordinary social media use; they also address online activity involving serious criminal content.
If passed, the Bill would increase the responsibility placed on digital platforms to prevent children from accessing harmful material. It is still a proposal before Parliament, however, and the requirements would depend on its passage and any changes made during the legislative process.