- Concerns arise over CCTV installation in girls’ dormitory, impacting privacy rights and student dignity despite the need to keep them safe
- Legal frameworks, including Article 31 of the Kenyan Constitution, mandate strict privacy protections for minors but Dr Vellah Kigwiru, a Kenyan lawyer, has shared instances where the privacy may be done away with
- Despite outrage from some quarters, the school must justify surveillance measures while balancing safety and individual rights for the affected students
Nairobi, Kenya: CCTV footage has played a central role in showing what happened at the Utumishi Girls Senior School on the night 16 students died in a fire and in also nabbing some of the girls implicated in the heinous crime.
Source: Facebook
As the footage went round the internet, stunning and breaking the hearts of most people who saw it, many people became concerned by the fact that CCTV had been installed in the dorms of girls who often walk around being comfortable in various states of undress.
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For some people, they were concerned that the ladies were still minors and, therefore, their privacy and dignity had been infringed upon. For some people, their main concer was whowas reviewing footage from the other side and how safe were the girls?
“Human rights defenders are questioning why CCTV cameras were in a girls dormitory ..their concern is about privacy and dignity. Let us understand none of the human rights we know, even, the right to life is absolute. Whenever there is a justified legitimate interest and public interest, that human right will be taken away,”said Dr Vella Kigwiru,a Kenyan lawyer.
“So it’s upon the school to justify why cameras were installed, how they were installed and whether the students were aware of it. For now, were it not for the CCTV cameras, we would not know of the ckulprits,”she added.
While at it, Kigwiru was also quick to remind people that 16 lives were lost and hundreds of students will suffer trauma for the rest of their lives.
How does the law protectthe rights of minors in Kenya?
The recent CCTV at Utumishi Girls has raised concerns as to the extent to which CCTV can be installed in a school.
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“Article 31 of the Constitution of Kenya protects an individual’s right to privacy. In addition, the right to privacy is protected under the 2019 Kenyan Data Protection Act, the 2022 Children Act and the Office of the Data Protection Commissioner (ODPC) Guidance Notes,” she explained.
According to the lawyer, legally installing CCTV where minors sleep and change is a violation of their right to privacy. In addition, the 2025 ODPC, Guidance Notes for Processing Children’s Data, recognises children’s visual data as sensitive data and requires data controllers and processors to provide additional safeguards.
“The standards of protection and safeguards as it relates to children’s privacy and data protection is high, as children are considered vulnerable. In the case of the Utumishi Fire Tragedy, the school can only deploy exterior or corridor CCTV. CCTV is legally permissible in areas such as dormitory perimeter walls, exit/entry doors, and public spaces such as dining halls,”she said.
“Even before doing so, schools must conduct a Data Protection Impact Assessment (DPIA) and provide clear warning signs that the area is under surveillance,” she told NGBREAKINGNEWS.
When can the right to privacy be limited?
Lawyer Kigwru, however, noted that there are instances where the right to privacy can be limited under Article 24 of the Constitution of Kenya by law.
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Secondly, when the limitation is justifiable and reasonable in an open and democratic society and Article 24 of the Constitution of Kenya, 2010, provides such limitation of rights and fundamental freedoms 5b4a.
24. (1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including—
(a) the nature of the right or fundamental freedom;
(b) the importance of the purpose of the limitation;
(c) the nature and extent of the limitation;
(d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and
(e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose 5b4a
(2) Despite clause (1), a provision in legislation limiting a right or fundamental freedom—
(a) in the case of a provision enacted or amended on or after the effective date, is not valid unless the legislation specifically expresses the intention to limit that right or fundamental freedom, and the nature and extent of the limitation;
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(b) shall not be construed as limiting the right or fundamental freedom unless the provision is clear and specific about the right or freedom to be limited and the nature and extent of the limitation; and
(c) shall not limit the right or fundamental freedom so far as to derogate from its core or essential content 5b4a
(3) The State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this Article have been satisfied 5b4a
(4) The provisions of this Chapter on equality shall be qualified to the extent strictly necessary for the application of Muslim law before the Kadhis’ courts, to persons who profess the Muslim religion, in matters relating to personal status, marriage, divorce and inheritance 5b4a
“In plain terms: Article 24 is the “limitation clause”. It says your rights in the Bill of Rights can only be limited if Parliament passes a law, and that law must be reasonable, justified, and as minimal as possible. Even then, some rights in Article 25 can’t be limited at all – like freedom from torture, slavery, right to fair trial, and habeas corpus,” said Kigwiru.
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Source: NGBREAKINGNEWS
