Explainer: Why digital piracy is costing Kenya Sh92 billion every year

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The government estimates that Kenya loses Sh92 billion every year to digital piracy, with officials warning that the growing problem is hurting businesses, depriving creators of income and exposing consumers to cybercrime.

ICT and the Digital Economy Cabinet Secretary William Kabogo says the losses extend beyond the creative industry, affecting government revenue, employment and investment in digital innovation.

What is digital piracy?

Digital piracy involves the illegal copying, streaming, downloading or distribution of copyrighted content without permission from the rights holder. It affects music, films, television programmes, books, software, live sports broadcasts and other digital products.

According to the government, the practice has expanded into an organised criminal enterprise that continues to undermine Kenya’s digital economy.

How much does piracy cost Kenya?

Kabogo said a report prepared by the National Steering Committee on Digital Piracy estimates that the country loses about Sh92 billion annually, equivalent to roughly Sh252 million every day.

“The findings are significant. Digital piracy costs Kenya approximately Sh92 billion every year, about Sh252 million every day. It denies the Exchequer an estimated Sh17 billion annually in taxes,” Kabogo said.

Besides reducing tax collections, the report says piracy weakens legitimate businesses and discourages investment in Kenya’s creative and technology industries.

Who suffers the biggest losses?

The report identifies musicians, filmmakers, journalists, authors, software developers and sports broadcasters as some of the groups hardest hit by piracy because their work is distributed illegally without compensation.

The government says continued copyright infringement limits earnings for creators and reduces incentives to invest in new content and digital products.

Why is piracy also a cybersecurity threat?

Authorities warn that many illegal streaming and download platforms expose users to cyber risks such as malware, identity theft and online fraud.

Kabogo said digital piracy has increasingly become linked to transnational organised crime, making it both an economic and security concern.

What is the government planning?

To strengthen enforcement, the government plans to establish an Inter-Agency Digital Piracy Enforcement Framework under the Ministry of Information, Communications and the Digital Economy.

The proposed framework will coordinate the work of the Kenya Copyright Board, the Communications Authority of Kenya, the Media Council of Kenya and the Copyright Tribunal to improve enforcement against copyright violations.

Officials say the initiative will prioritise commercial-scale piracy, including illegal streaming of premium entertainment content and live sporting events.

Will enforcement respect constitutional rights?

Kabogo said all anti-piracy measures will comply with Kenya’s legal framework.

“The framework contains strong safeguards. Every enforcement action will be subject to due process, consistent with the Constitution’s protection of both intellectual property and freedom of expression,” he said.

What happens next?

The government will begin implementing recommendations contained in the committee’s report, including launching a nationwide public awareness campaign on digital piracy.

It also plans to develop a National Policy on Digital Piracy and align proposed reforms with the Copyright and Related Rights Bill, 2026, which is currently undergoing public consultation.

Kabogo said the government’s objective is to strengthen protection for creators while making legitimate digital content easier and more affordable to access.

“The government will continue to support creators, enforce the law against those who profit from infringement, and work with industry to make legal content more accessible and affordable,” he said.

Officials estimate that successfully tackling digital piracy could help create or sustain more than 50,000 jobs across Kenya’s creative and technology sectors while strengthening the country’s digital economy.

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