Data-center law in Kenya
National jurisdiction · as of 2026-09-05
Kenya's data-centre siting and incentive framework runs through two linked statutes. The Special Economic Zones Act, 2015 lets the Special Economic Zones Authority declare zones, including information communication technology parks, and grants a licensed enterprise, developer or operator tax incentives under the respective tax laws plus exemptions from stamp duty and several sector-specific licences.
The Technopolis Act, 2026 replaces the Konza Technopolis Development Authority with a new Technopolis Development Authority empowered to plan and manage a Technopolis, allocate land to investors, host strategic government infrastructure including data centres, and extends every Special Economic Zones Act incentive to a person operating within a Technopolis, on top of a licence-to-operate regime with its own offences and administrative penalties.
01
Instruments on record
3 instruments on record, grouped by the family of approval each one governs.
Land use
Who decides whether a data center may occupy a site, and through what approval?
Technopolis Act, 2026, licensing to operate in a Technopolis
In force
Technopolis Act, 2026 (No. 13 of 2026), Part V (s. 29, licence to operate in a Technopolis)
Effective 2026-05-29 · Applies to private
A person must apply for a licence to operate or carry out business activities, including a data centre or research centre, within a Technopolis, unless the Authority exempts a start-up, a research-partnership participant, or another prescribed category. Operating without a required licence is an offence, and the Authority may impose administrative penalties and fines, suspend or revoke a licence, or restrict a licensee from a specified activity.
Source: Full text of law
Public agreements
What fiscal agreements attach a data center to its host jurisdiction?
Special Economic Zones Act, 2015, data-centre and ICT-park incentives
In force
Special Economic Zones Act, 2015 (No. 16 of 2015), s. 35 (benefits accruing to special economic zone enterprises)
Effective 2015-12-15 · Applies to both
The Special Economic Zones Authority may declare a special economic zone, including an information communication technology park, to facilitate the ICT sector and its associated activities. A licensed special economic zone enterprise, developer or operator is granted tax incentives under the respective tax laws, and is separately exempted from stamp duty and from a list of other sector licences such as liquor and manufacturing licences.
Source: Full text of law
Technopolis Act, 2026, incentives
In force
Technopolis Act, 2026 (No. 13 of 2026), s. 63 (incentives)
Effective 2026-05-29 · Applies to both
Every incentive granted for a special economic zone under the Special Economic Zones Act applies equally to the Technopolis Development Authority and to any person operating within a Technopolis, and the Cabinet Secretary may grant further incentives to Technopolis investors by notice in the Gazette. The Authority's functions include hosting strategic government infrastructure powered by emerging technologies, including data centres, and allocating land to investors within a Technopolis.
Source: Full text of law
Every entry cites the instrument it describes.
None of it is legal advice: verify a citation before relying on it. Full
sourcing: read the methodology. The rest of the
record: all jurisdictions.