The Friendly Troll

In this episode of The Friendly Troll Podcast, host Josephine Kaaniru is joined by Mr. Kevin Mutiso, Chair of the Digital Financial Services Association of Kenya (DFSAK), to explore how the digital lending industry has evolved with regard to privacy practices, due to the enforcement of the Data Protection Act.

With just a smartphone and an ID number, Kenyans can access loans in minutes, no collateral, no bank branch, no guarantor needed. This convenience has made digital lending apps central to Kenya’s financial inclusion story. By some estimates, about 14% of Kenyan adults had taken a digital loan by 2019. But that convenience has always come with a less visible cost to borrowers: their right to privacy.

To decide whether to lend money, these apps don’t just assess income data. They analyse contacts, SMS messages, location history, browsing behaviour, and sometimes even call log data. They make decisions about creditworthiness using algorithms that remain opaque to users, and they often share data with third parties users may not even be aware of. As such, the conversation with Mr Kevin Mutiso reflects on how far the industry has come, and what still needs to change before Kenyan borrowers can access credit without compromising their privacy.

Resources

• Report – Privacy and Data Protection Practices of Digital Lending Apps in Kenya- https://cipit.strathmore.edu/privacy-and-data-protection-practices-of-digital-lending-apps-in-kenya-report/ 
• Guidance Note for Digital Credit Providers - https://www.odpc.go.ke/wp-content/uploads/2024/02/ODPC-Guidance-Note-for-Digital-Credit-Providers.pdf
• ODPC Press Release, “ODPC to Audit 40 Digital Lenders And Issues Enforcement Notice Against A Health Service Provider” -  https://www.odpc.go.ke/wp-content/uploads/2024/02/Approved-Press-Release-on-DCP039s-and-Health-Provider-1-1.pdf
• Digital Financial Services Association of Kenya - https://www.dfsak.co.ke/ 

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Music: Intro/Outro  – https://pixabay.com/music/id-102694/

In this episode of The Friendly Troll Podcast, host Josephine Kaaniru is joined by Irene Makau to explore the governance of Digital ID systems and government digital services in Zambia. Drawing from CIPIT’s latest publication “Report on the Study of Government Digital Services and Digital ID in Kenya and Zambia” they discuss the legal and institutional frameworks that underpin these systems, identify key implementation gaps, and reflect on what’s needed to promote rights-respecting governance with a focus on Zambia.

Resources:

1. A Report on the Study of Government Digital Services and Digital ID in Kenya and Zambia
2. Summary of the report
3. Mapping of Data Protection Laws in Africa
4. Advancing the Governance of Data for Development in Zambia Virtual Workshop

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Music: Intro/Outro  – https://pixabay.com/music/id-102694/

In this episode of The Friendly Troll Podcast, the AI Policy Team at CIPIT, Josephine Kaaniru, Irene Makau, and Cynthia Nzuki,  join their Team Lead and host, Florence Ogonjo, to unpack the year’s major activities and developments in Africa’s AI policy landscape. They walk through key research outputs, events, and evolving trends in AI governance, while also sharing updates on the AI Policy Team’s ongoing work at CIPIT. This episode of TFT covers;

• Research & Policy Highlights
• Overview of CIPIT’s research across events, reports, and Africa’s AI landscape

Episode Highlights Include:

• State of AI In Africa report 2025
• Watch sessions of the 2nd Conference on the State of AI in Africa 2025
• AI Governance Webinar Series:
• Ethical AI Starts with Data  Linking Curation, Workers’ Rights and Outputs
• AI and Intellectual Property: Protecting African Datasets
• The Evolving AI Governance Landscape in Africa: A Multidisciplinary Approach
• The NOODL Solution- You can find more about the NOODL License and access it  via this link
• Josephine’s presentation at the Africa Law Tech Festival

To interact with research work mentioned in the podcast and other AI research- AI Policy Team work on the website 

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Music:
Intro/Outro  – https://pixabay.com/music/id-102694/ 

In this episode of The Friendly Troll Podcast, host Calvin Mulindwa is joined by Mustafa Mahmoud to explore the governance of Digital ID systems and government digital services in Kenya and Zambia. Drawing from CIPIT’s latest publication "Report on the Study of Government Digital Services and Digital ID in Kenya and Zambia" they discuss the legal and institutional frameworks that underpin these systems, identify key implementation gaps, and reflect on what’s needed to promote rights-respecting governance with a focus on Kenya.

With over 12 years of experience in legal identity and inclusion, Mustafa shares valuable insights on the findings from surveys conducted with government agencies, civil society organisations, and private sector players. The conversation highlights systemic challenges, litigation trends, risks posed by biometric systems, and the need for inclusive, collaborative approaches to digital governance.

Key Highlights:

• Introduction to Digital ID and its connection to digital public infrastructure (DPI) and digital public goods (DPG).
• Importance of data protection, especially in relation to sensitive biometric data.
• Overview of the survey methodology used in the study and the diversity of institutions surveyed.
• Key challenges inhibiting just and inclusive digital ID systems in Kenya.
• Contrast between Kenya and Zambia’s approaches, particularly Kenya’s litigation landscape.
• Risks and barriers related to digital access, biometric systems, and systemic inequalities.
• Current efforts by CSOs and recommendations for improving government-civil society collaboration.
• Discussion on the role of inclusive policy and multi-stakeholder design in building trust and equitable access to digital services.

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Music:
Intro/Outro  – https://pixabay.com/music/id-102694/ 

In this episode, CIPIT’s Josephine Kaaniru and Florence Ogonjo share reflections from  the 2nd Conference on the State of AI in Africa (COSAA 2025), themed “Shaping Responsible and Ethical AI Governance, Policy, and Regulation in Africa.” They unpack key highlights from the event from transformative discussions on AI policy and ethical frameworks to the challenges and opportunities shaping Africa’s digital future.

The conversation also dives into the newly launched State of AI in Africa 2025 Report, which maps the evolving AI landscape across the continent. From growing government strategies to rising startup innovation and infrastructure investment, the report paints a picture of progress while also acknowledging the governance and access gaps that remain. 

Key highlights

• Key Themes from COSAA 2025
  – Responsible and ethical AI governance in Africa
  – Policy and regulatory developments across the continent
  – Building frameworks tailored to Africa’s unique social and economic context
• Insights from the State of AI in Africa 2025 Report
  – Rapid growth in government-led AI strategies and national frameworks
  – Expansion of local startups and regional AI solutions
  – Infrastructure investment and capacity building as key priorities
  – Ongoing challenges in regulation, ethics, and access to data and resources
• Africa’s AI Trajectory
  
  

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Music:
Intro/Outro  – https://pixabay.com/music/id-102694/ 

Episode Overview:

In this episode of the Friendly Troll Podcast, we tackle the pressing issue of Technology Facilitated Gender-Based Violence (TFGBV) in Kenya. Florence Ogonjo and Doreen Abiero, researchers at CIPIT, joined by Cherie Oyier from KICTANET, share their insights on the various forms of TFGBV, its prevalence in Kenya, and its impact on survivors. We also discuss the existing legal frameworks, the challenges faced by victims, and the role of technology companies in combating this issue. Join us for a comprehensive discussion aimed at raising awareness and fostering advocacy for change.

Key Highlights:

• Definition and scope of TFGBV, including online harassment, cyberbullying, and non-consensual sharing of images.
• Current landscape and statistics on TFGBV in Kenya.
• Personal stories illustrating the psychological, social, and economic impacts on survivors.
• Overview of existing laws, including the Data Protection Act and Cyber Crimes Act, and their limitations.
• Current interventions by government and NGOs, along with best practices for supporting survivors.
• Evidence-based recommendations for policy changes and advocacy efforts.

Resources:

• Safeguarding Women Online: Addressing TFGBV in Kenya
• The National Gender-Based Violence Toll-Free Helpline - 1195
• National Gender and Equality Commission Hotline toll-free line  0800730999 
• Mombasa County Gender-Based Violence Technical Working Group phone line 0800720587

Listen Now:

Tune in to this critical conversation and learn how you can get involved in advocating against TFGBV. Don’t forget to subscribe for more episodes!

 
Music:
Intro/Outro  – https://pixabay.com/music/id-102694/ 
 

In this episode, Dr. Melissa Omino is joined by Dr. Desmond Oriakhogba, an Associate Professor at The University of the Western Cape. Dr. Oriakhogba is an expert in Intellectual Property and Competition Law. Dr. Omino and Dr. Oriakhogba have an in-depth discussion on Dr. Oriakhogba’s book, The Right to Research in Africa: Exploring the Interface between Copyright and Human Rights. The book explores the intersection and manifestation of tensions between intellectual property rights and human rights, focusing on the conflict between Copyright and the Right to Research in light of the African context.

The book has five chapters and is written in accessible language. It is framed to target a broad audience, offering insights for law and policymakers, judges, lawyers, researchers, students, and the general public.

Resources
Audio Home Recording Act (AHRA) of 1992 (the "Sony Act")

https://www.congress.gov/bill/102nd-congress/senate-bill/1623/text

Sony Corp. of Am. v. Universal City Studios, Inc. in 1984

https://www.copyright.gov/fair-use/summaries/sonycorp-universal-1984.pdf 

Berne Convention for the Protection of Literary and Artistic Works

https://treaties.un.org/doc/Publication/UNTS/Volume%20828/volume-828-I-11850-English.pdf 

The Right to Research-Arjun Appadura

https://docs.ufpr.br/~clarissa/pdfs/Research_AppaduraiA.pdf 

Why Intellectual Property and Pandemics Don't Mix

https://www.brookings.edu/articles/why-intellectual-property-and-pandemics-dont-mix/ 

General Comment No. 25 (2020) On Article 15: Science and Economic, Social and Cultural Rights

https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-comment-no-25-2020-article-15-science-and 

AU Agenda 2063 

https://au.int/en/agenda2063/sdgs#:~:text=and%20children's%20rights-,4.,empower%20all%20women%20and%20girls. 

Springer Briefs In Law Series

https://www.springer.com/series/10164 

Katika kipindi hiki cha "The Friendly Troll," msimulizi Calvin Mulindwa anachunguza kwa kina haki za picha nchini Kenya, akiangazia msingi wao wa kisheria na athari zake katika dunia halisi. Kipindi hiki kinachambua maana ya haki za picha, pamoja na haki ya kudhibiti matumizi ya sura ya mtu katika maeneo ya umma na biashara. 
Calvin anajadili sheria muhimu kama vile Sheria ya Ulinzi wa Data ya Kenya ya 2019 na Ibara ya 31 ya Katiba, akielezea jukumu lao katika kulinda faragha binafsi. Kupitia kesi muhimu kama vile Wangechi Waweru Mwende dhidi ya Tecno Mobile Limited na Jessica Clarise Wanjiru dhidi ya Davinci Aesthetics, kipindi hiki kinaonyesha jinsi mahakama zilivyoshughulikia ukiukwaji wa haki hizi, ikisisitiza umuhimu wa ridhaa wazi na matumizi halali ya picha binafsi. Majadiliano pia yanatoa ushauri wa vitendo kwa watu binafsi na wadhibiti na wasindikaji wa data juu ya kuheshimu na kulinda haki za picha katika mazingira ya kidijitali na biashara.

Malalamiko Yaliyoorodheshwa:

1. Phyllis Nyaboke dhidi ya Grola Tech Limited T/A Lion Cash - Ukiukaji wa kutopata ridhaa ya moja kwa moja.
2. Brian Wainaina na Gathoni Mattai dhidi ya Deltech Capital Kenya Limited T/A Mykes - Kushindwa kutoa taarifa inayofaa kuhusu matumizi ya data, ikisababisha uvunjaji wa faragha.
3. Edith Andeso dhidi ya Shule za Olerai Limited - Masuala kuhusu usimamizi wa ridhaa endelevu kwa madhumuni ya masoko.
4. Christine Wairimu Muturi dhidi ya Shule ya Roma Uthiru - Mahitaji ya ridhaa wazi ya wazazi kwa usindikaji wa data za watoto wadogo.

Sheria Zilizonukuliwa: 

• Ibara ya 31. Katiba ya Kenya 
• Sheria ya Ulinzi wa Data ya 2019. 
• Uamuzi wa Mahakama ya Kenya: Wangechi Waweru Mwende dhidi ya Tecno Mobile Limited [2020]

Image Rights - Release Form Information Pack 

Music:
Intro/Outro  – https://pixabay.com/music/id-102694/

In this episode of "The Friendly Troll," host Calvin Mulindwa delves into the intricacies of image rights in Kenya, focusing on their legal basis and real-world implications. The episode explores what image rights entail, including the right to control the use of one's likeness in public and commercial domains. Calvin discusses key legislation such as the Kenyan Data Protection Act of 2019 and Article 31 of the Constitution, highlighting their role in protecting personal privacy. 
Through landmark cases like Wangechi Waweru Mwende v Tecno Mobile Limited and Jessica Clarise Wanjiru v Davinci Aesthetics, the episode illustrates how the courts have addressed violations of these rights, emphasizing the importance of explicit consent and the lawful use of personal images. The discussion also provides practical advice for individuals and data controllers and processors on respecting and securing image rights in digital and commercial settings.

Complaints Listed:

1. Phyllis Nyaboke v Grola Tech Limited T/A Lion Cash - Violation for not obtaining direct consent.
2. Brian Wainaina and Gathoni Mattai v Deltech Capital Kenya Limited T/A Mykes - Failure to properly inform about data use, leading to privacy infringement.
3. Edith Andeso v Olerai Schools Limited - Issues regarding ongoing consent management for marketing purposes.
4. Christine Wairimu Muturi v Roma School Uthiru - Requirement for explicit parental consent for processing minors' data.

Laws Quoted:

• Article 31. Constitution of Kenya
• Data Protection Act of 2019.
• Kenyan Court Decision: Wangechi Waweru Mwende v Tecno Mobile Limited [2020]

Image Rights - Release Form Information Pack 

Music:
Intro/Outro  – https://pixabay.com/music/id-102694/

In this episode Florence Ogonjo is joined by Dr. Nomalanga Mashinini a senior lecturer at the University of the Witwatersrand, where she facilitates the LLM Cyberlaw course. Dr. Nomalanga is founder and host of the podcast ‘Image Rights by N Mashinini’. Florence and Nomalanga have an in-depth discussion on the foundational basics of image rights and how social media has changed how image rights is perceived both in Kenya and South Africa.

Resources
Legal Protections for Image Rights in Kenya
https://cipit.strathmore.edu/legal-protections-for-image-rights-in-kenya/#:~:text=Simply%2C%20image%20rights%20are%20an,their%20signature%20or%20biometric%20data

Understanding the Law in Upholding Image Rights: Perspectives form Around the World and Kenya
https://cipit.strathmore.edu/wp-content/uploads/2023/09/Image-Rights-
Report200923_compressed.pdf

Image Rights by NMashinini
https://www.linkedin.com/company/irbymashinini/about/

The Image Rights Over Social Media Profile: Whose Identity is it Anyway?
https://www.researchgate.net/publication/370577929_The_Image_Rights_Over_Social_Media_Profile_Whose_Identity_is_it_Anyway

Image Rights Release Form Info-pack
https://cipit.strathmore.edu/wp-content/uploads/2023/11/IRRF-InfoPack-2.pdf

Music:
Intro/Outro  – https://pixabay.com/music/id-102694/