Why hidden cameras could cost rental owners millions of shillings in fines

Can you sue the house owner if you find an undisclosed camera, and will you be awarded damages?

Daniel Ndale, a lawyer specialising in litigation, real estate transactions, and corporate advisory, says that while short-stay accommodation companies such as Airbnb have their own global rules on indoor cameras, the law in Kenya operates differently.

“Airbnb, as a foreign entity, for instance, has its own policy regarding indoor security cameras in rentals. In Kenya, there isn’t a law that directly addresses short-term rentals, but the Data Protection Act covers any information recorded with the intention of processing it using such equipment,” Mr Ndale says.

Certain spaces in a home are considered strictly private, and the idea of being watched, even in the name of security, feels deeply unsettling. “In these areas, if that is breached, one can seek legal recourse,” Mr Ndale says.

What if the house owner discloses the presence of cameras and where they are located, does that alone not make it legal?

Mr Ndale says the law requires specific thresholds to be met, including data minimisation, a legitimate purpose, and a clear legal basis. In short, disclosure is not a free pass.

Kenya’s Constitution also protects the right to privacy, meaning what counts as a “reasonable expectation of privacy” depends on the context.

Common areas such as lifts, corridors, or living rooms are not private, but bedrooms and bathrooms are.

Tenants’ worries run deeper than discomfort. Hidden or undisclosed cameras can cross into criminal surveillance or even voyeurism [the act of secretly watching], recording, depending on intent, a line that, if challenged, ultimately has to be drawn in court.

But if you sue, it must be established that the cameras were being used to secretly record you for personal or sexual gratification.

“Undisclosed cameras could constitute criminal surveillance or voyeurism. For a crime to exist, both intent and action must be proven. The presence of hidden cameras strongly suggests intent, but that must be established legally,” Mr Ndale says.

When a hidden camera is found, the house owner bears primary legal responsibility. “It constitutes a breach of privacy and could attract criminal charges under the Sexual Offences Act,” Mr Ndale explains.

Airbnb or Booking.com, global companies, while secondary actors, could also face liability if they fail to enforce their own rules.
And the fines into millions of shillings.

Guests have several avenues for recourse. They can sue the house owner for compensation under the Data Protection Act or report the matter to the Office of the Data Protection Commissioner (ODPC).

Airbnb’s policies set a minimum standard, but owners must follow Privacy by Design principles, registering cameras with the ODPC.

While no cases have directly involved short-term rentals, there are precedents in residential homes.

“There is a case regarding houses where even disclosed cameras must have a strictly limited field of view — ODPC Complaint No. 0596 of 2025, Lilian Nyawira Nderitu & John Gitahi Mureithi v. Josephat Karungo & Freshia Mugo Waweru,” Mr Ndale explains.

He says privacy enforcement in Kenya is now a high-stakes issue. “The Data Protection laws are evolving, and enforcement is no longer a question of ‘if’ but ‘when.’ In 2025 alone, over Sh30 million was paid out for privacy violations. A hidden camera can mean financial ruin or criminal liability for a host.”

Airbnb’s policies set a minimum standard, but owners must follow Privacy by Design principles, registering cameras with the ODPC, ensuring they are only located in permitted areas such as entry points, and disclosing their presence to guests.

“Airbnb prohibits the use of indoor cameras to ensure a guest experience, whereas Kenyan law mandates that cameras in common areas should only be for public safety. Hosts must strike a balance between the two,” Mr Ndale says.

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