Data-center law in Kenya

National jurisdiction · as of 2026-09-05

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Kenya's data-centre siting and incentive framework runs through two linked statutes.

The Special Economic Zones Act, 2015 has the Cabinet Secretary declare special economic zones, including information communication technology parks, on the recommendation of the Special Economic Zones Authority, 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, for a period not exceeding ten years from the date of issuance of the licence under section 35(5).

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.

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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 Cabinet Secretary declares an area a special economic zone by notice in the Gazette, on the recommendation of the Special Economic Zones Authority and in consultation with the Cabinet Secretary responsible for finance. A zone may be designated an information communication technology park, a special economic zone declared to facilitate the information communication technology sector, its services and associated activities.

A licensed special economic zone enterprise, developer or operator is granted tax incentives as specified in the respective tax laws. It is also exempted from stamp duty on the execution of any instrument relating to its business activities. It is exempted as well from a list of other licences, such as the general and hotel liquor licences and the manufacturing licence under the Tea Act.

Section 35(5), added by the Business Laws (Amendment) Act, 2024, limits the incentives and tax benefits granted to a licensed special economic zone developer, operator or enterprise under the Act or any other written law to a period not exceeding ten years from the date of issuance of the licence.

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.