ICJ Kenya Calls for Rights-Based Approach to Data Centres and Water Governance

By Water East Africa Magazine

As investments in data centres accelerate across Africa, concerns are growing over their impact on water resources and the need to balance digital transformation with environmental sustainability. These issues took centre stage during a public forum organised by the International Commission of Jurists – Kenyan Section (ICJ Kenya), in partnership with the Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWI) and NOREC, at the Kenyatta University School of Law on 1 July 2026.

Held under the theme “Who Pays for the Cloud? A Public Forum on Data Centres, Water Scarcity, and Human Rights,” the event brought together students, legal practitioners, academics and environmental experts to examine the growing relationship between digital infrastructure, climate change, water governance and human rights. Participants explored how the rapid expansion of data centres—driven by increasing demand for cloud computing and artificial intelligence—could place additional pressure on already scarce water resources if not properly managed.

Discussions highlighted the environmental footprint of modern data centres, particularly their substantial water and energy requirements for cooling and operations. While recognising the economic opportunities presented by digital infrastructure, participants stressed the importance of ensuring that technological progress does not come at the expense of water security, environmental sustainability or community rights.

The forum featured expert presentations on four key themes: the role of data centres in the digital economy; Kenya’s legal and policy framework governing water rights under climate change; the potential of innovation and technology to address environmental challenges; and the need for stronger environmental governance in an increasingly digital world. Speakers called for transparent decision-making, accountability and inclusive public participation when planning and regulating water-intensive digital infrastructure.

Among the speakers were Keamogetse Motsage, Legal Research Fellow at ICJ Kenya, who discussed the governance implications of expanding data centre infrastructure; Florence Kubaza, Programmes Officer and Fellow at ICJ Kenya, who examined the legal protections surrounding water rights; Dr Ivy Gikonyo from the Centre for Human Rights at the University of Pretoria, who explored how emerging technologies can support sustainable development; and ecological justice researcher Irene Asuwa, who addressed equitable water governance and natural resource management.

The event concluded with an interactive dialogue in which participants emphasised the importance of adopting a rights-based approach to digital development. They noted that as Kenya and other African countries expand their digital economies, governments, regulators and investors must integrate water stewardship, climate resilience and human rights into the planning and operation of data centres to ensure that technological progress remains both inclusive and environmentally sustainable.

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