Legal practitioners, be it in-house counsel, in the public space or just in practice generally, are slowly finding themselves working as data handlers and processors. This has been occasioned even more by the opening of the data space, due to the Covid 19 global pandemic that has seen workplaces adopt virtual and hybrid work systems of work.
Rahab Magiri Juma is an advocate of the high court of Kenya, and she says that this is calling for increased vigilance in the compliance with the data protection law which was passed about three years ago.
Rahab also adds that the need for compliance has been heightened due to the fact that one may not end up being impacted by the Kenyan law, but other jurisdictions, for instance the European Union, for breaching provisions under the GDPR regulations.
“The fines charged there are more significant than they are in our law, and hence the need to ensure compliance”, says Rahab.
Rahab, who also served in committees that developed the data protection regulations, says the role of lawyers is also evolving, shifting to a growing need to ensure adequate advisory to organizations lawyers work for, while those in practice ought to review the act and regulations to see how it affects them.
At the same time, Rahab, who says her journey in litigation has always been propelled by ‘raising her hand’ whenever an opportunity presented itself, is concerned that institutions looking to hire data protection officers are asking for five years of experience. She says this is impracticable, given the fact that the Data Protection Law has only been in existence for three years, making it impossible to find someone with that kind of experience. She says it is important that recruiters take into the lifespan of the Act so far.
The government continues to assure Kenyans of data safety adding that it has safeguarded the personal information of Kenyans under the law. According to ICT CS Joe Mucheru, the establishment of the office of the Data Protection Commissioner has also had a marked impact in positioning Kenya as a safe haven, as well as a safe trade destination.
Meanwhile, the Nairobi Legal Awards in-house counsel webinar closed its curtains with a call to lawyers to remain optimistic in the journey towards excellence in the legal space. Lawyers have been urged to be curious and take on every opportunity that arises, and use these experiences for their learning curve.
Dr Davidson Mwaisaka the Group Head of Legal at the Standard Chartered Bank says even when one makes mistakes along the journey, they should not dwell on castigating themselves but take the lessons as stepping stones towards growth.
Otillia Phiri, the lead attorney emerging markets Africa Levant and Pakistan at Microsoft and she says taking risks as well as having a curious mind to learn the culture of other people and organizations leaves lasting experiences in those who embrace them.
“We are different but at the core of it there is connectedness to our humanity” says Otilia, “respect building communities, integrity, accountability are traits that resonate with all human beings, adding that lawyers need to cultivate these traits.
At the same time Rahab Juma says it will be important to identify why one is doing what they do, while having a mentor in the legal practice never goes out of fashion.
