Kenya is preparing for one of the most sweeping reforms to its national data management framework in years, with a proposed law seeking to establish a new statistics authority with broader powers to access government records, supervise major surveys, and incorporate digital data into public planning.
The proposed Statistics Bill, 2026 aims to repeal the current Statistics Act and replace the Kenya National Bureau of Statistics (KNBS) with the Kenya Statistics Authority, an institution designed to operate within a more expansive legal structure suited to a digital and devolved economy.
A major focus of the Bill is the modernisation of official data collection by shifting beyond conventional censuses and surveys to include administrative records, biometric data, big data systems, and citizen-generated information.
The draft law also proposes the creation of a National Statistics Fund to support nationwide data collection, technological upgrades, and statistical infrastructure, addressing persistent funding challenges linked to census operations and other large-scale statistical activities.
According to KNBS Director General Macdonald Obudho, accurate and timely statistics have become central to decision-making, while the current legal framework no longer adequately reflects modern realities.
The Bill introduces a formal mechanism for contesting census outcomes, an issue that gained prominence after the 2019 population census. Under the proposal, individuals or communities would have 60 days after the publication of provisional census figures to file petitions over concerns such as undercounting, falsification, procedural flaws, or methodological failures. Independent panels made up of experts in statistics, demography, data science, and law would handle disputes before any appeals proceed to the High Court.
At the same time, the proposed legislation contains stringent confidentiality protections. Data collected strictly for statistical purposes would not be admissible for investigations, enforcement actions, or regulatory proceedings, while statistical information would remain confidential by default.
Integrating Big Data Into State Planning
The Bill formally recognises big data as large-scale, high-frequency information generated outside traditional statistical systems, including mobile phone data, satellite imagery, and digital platform activity. It also acknowledges citizen-generated data as part of Kenya’s statistical ecosystem, provided such information is collected with informed consent.
The legislation further establishes safeguards for biometric data following controversy surrounding the 2019 census exercise. Any biometric information gathered for statistical purposes would need to be anonymised or pseudonymised as quickly as possible and could not be shared for administrative or investigative purposes unless authorised by a court.
Children would not be compelled to provide biometric information during census exercises, and refusal to submit such data would not disqualify anyone from participating in a census.
The proposed framework would also compel both national and county government institutions to provide administrative records and metadata requested by the Authority for statistical use. Confidentiality clauses in other laws would not prevent disclosure unless those statutes explicitly prohibit statistical use.
If enacted, the law could significantly deepen the use of state-held databases in official statistics, allowing the Authority to rely more heavily on tax records, school data, healthcare systems, customs declarations, and other administrative datasets instead of depending largely on field surveys.
The Authority would also gain wider oversight powers over national and county surveys. Organisations intending to conduct such surveys would be required to seek approval at least three months in advance, giving the Authority room to impose methodological standards or reject applications altogether.
Expanding Oversight and Independence
The Bill also seeks to entrench the United Nations Fundamental Principles of Official Statistics into Kenyan law, strengthening professional independence and limiting political influence over the production and publication of official figures.
Under the proposed structure, the Statistician-General would independently determine methodologies, classifications, data sources, and publication schedules. The office holder would also be recruited through a competitive process overseen by the board instead of direct political appointment.
The Authority’s board would include representatives from the National Treasury, the Office of the Attorney-General, the Council of Governors, and the Office of the Data Protection Commissioner, reflecting the growing intersection between data governance, economic planning, and privacy protection.
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In addition, the Bill formally establishes a National Statistical System bringing together statistical units across ministries, county governments, Parliament, the Judiciary, and independent commissions under a harmonised framework.
Obudho noted that the law would also make it mandatory for all 47 counties to establish County Statistics Offices to improve development planning, budgeting, monitoring of sectors such as health and agriculture, and accountability.
Institutions or businesses that fail to comply with the proposed law could face escalating penalties, including enforcement notices, administrative fines of up to KSh 5 million, and criminal sanctions for serious offences such as falsifying statistical information or unlawfully disclosing confidential data.
