Incentivizing transparency: considering a limited liability clause as a motivation for reporting cybercrimes in Kenya

Abstract

Cyber-attacks pose significant threats to individuals, businesses and national security, necessitating robust cyber security measures to mitigate risks and safeguard critical infrastructure. While there has been a substantial surge in cyber-crime in Kenya, individuals and companies, especially, are reluctant to implement cyber security measures such as cyber-incident reporting. At the same time, there is insufficiency in the implemented legislation governing cyber security and cyber-crime. Through legal analysis, this research underscores the significance of proactive legislative measures in addressing cyber security concerns. By mitigating the fear of punitive measure and fostering a culture of transparency, a limited liability clause can incentivize organizations to report cyber threats promptly, thereby facilitating proactive responses and improving the country’s cyber security posture.