Positions held

2021–Present: Doctoral Researcher (digital field), International Doctoral Programme – Business and Human Rights, Friedrich- Alexander-University of Erlangen-Nürnberg, Germany

2021–Present: Research and Teaching Assistant, Chair of African Legal Studies, Faculty of Law, Business and Economics, University of Bayreuth, Germany

2018-present: Associate, Munyao, Muthama & Kashindi Advocates, Kenya [on sabbatical]

2016: Legal Trainee, Mudeyi Okumu & Co. Advocates, Migori, Kenya

CONSULTANCY, FELLOWSHIPS AND TRAININGS

2024:  Research and travel fellowship on building Just AI Ecosystem in Africa, Research ICT Africa, Cape Town, South Africa

2024:  Data justice and data governance consultancy, Strathmore University’s Center for Intellectual Property and Information Technology (CIPIT), Kenya

2023: Training consultancy, Advanced Human Rights Course in Data Protection in Africa, Centre for Human Rights, University of Pretoria, South Africa

2023: Social justice and digital rights consultancy, Collaboration on International ICT Policy for East and Southern Africa (CIPESA), Kampala Uganda

2023:  E4E African Digital Future Fellowship (Human Rights Online: Submission to United Nations Global Digital Compact)

2022: Short-term consultancy on privacy, data protection and society: Lab4InnovationsGmbH & Co. KG, Heidelberg Germany

2021 -2022: Research fellowship, Information Law Society Law Center, University of Milan Italy.

Work Highlights 

• Actively participated in the development and drafting of regulations for the key regulators in the regulation of accountants and single window systems.
• Part of the team that conducted legal and compliance audits for the Technical University of Mombasa, Higher Loans Education Board, Communications Authority of Kenya, Kenya Civil Aviation Authority, National Government Constituency Development Fund Board, Kenya Electricity Generating Company, Kenya Power and Lighting Company Limited and BOC Gases Limited.
• Part of the team that conducted governance audits for the Kenya Reinsurance Corporation and Energy and Petroleum Regulatory Authority.
• Actively participated in the handling and defending interests of the regulator in more than 5 cases in the energy sector impinging on issues such as consumer protection, competition laws, unbundling of the industry, tariffication, billing, granting of power generation and liquefied petroleum gas licenses, Government guarantees, power purchase agreements with total value of over Kshs. 10 billion.
• Part of  the multi-professional team that conducted regulatory impact assessment projects and studies for the leading regulators in the Kenyan agricultural sector with a total project value of Kshs. 10 million.

• Part of the team that successfully defended the interests of taxpayers in an array of cases both at the High Court and the Court of Appeal with the contested tax value being over Kshs 380 million.

• Part of the team that advised the regulator and private players in the energy sector regarding complex multifaceted issues involving nature of contempt of court proceedings and contract management.

• Part of the team that successfully prosecuted a case of violation of constitutional rights of a Commissioned KDF serviceman. The Court gave an award of Kshs. 3 million as damages for compensation.

• Part of the team that has delivered complex assignments for the Non-Governmental Organization, including contract negotiations, tax advisory, and general advice on criminal matters.

• Successfully volunteered and drafted appeal documents and submissions for a robbery with violence convict in 2016. The appeal was successful after a successful challenge of the identification evidence.

• Part of the team that successfully defended the interest of the Engineers Board of Kenya in a judicial review application challenging its discontinuation of membership of two engineers.

Publications

A. BOOK CHAPTERS

• Nwankwo, Iheanyi, and Nelson Otieno. ‘Adopting Data Protection Impact Assessment (DPIA) in Africa: Lessons from Kenya’s DPIA Framework and Experiences.’ In African Data Protection Laws, pp. 77-110. De Gruyter, 2024.
• Tochetto, G, and Nelson Otieno, ‘Towards a Fairer Digital Rule-Making in the 21^st Century: Lessons from the Global South: Latin America and Africa (Max Planck Institute Publication Series, upcoming 2024) –awaiting publication
• Claudia Voigt and Nelson Otieno, ‘The Gambia v Facebook: Case Note’ (Business and Human Rights Book Series, 2023) –
• Nelson Otieno, ‘Data Protection Law in Kenya’ In Makulilo eds ‘African Data Protection Laws  (Springer, 2024) – awaiting publication

B. JOURNAL ARTICLES

• Nelson Otieno ‘Digital Self-Determination in Design of Artificial Intelligence Technologies: An African Perspectives’ (Research ICT Africa’s Just AI Conference Proceedings, June 2024)
• Nelson Otieno, ‘Legal Prospects for Achieving Epistemic Data Justice for Rural Women in Tanzania and Kenya’ (2024) The Journal of Intellectual Property and Information Technology Law  
• Nelson Otieno, and Manana WR., ‘Data Protection Impact Assessment for Unmanned Aircraft Systems Operations in Kenya: Past, Present and Future Perspectives (2022) 47(6) Air and Space Law, pp 530- 552
• Manana, RW & Otieno, N, ‘Drones Operations in Kenya: Perspectives on Privacy Challenges and Prospects’ (2022) 47(1) Air and Space Law, pp 75–92.
• Wekesa, S., and Otieno, N, ‘An Assessment of the Duty to Give Reasons under Fair Administrative Action Act, 2015 in Kenya: Seven Years Later’ 2022 (6) Kabarak University  Journal of Law and Ethics, pp 100-122
• Felix Odhiambo, and Nelson Otieno, ‘Challenges of Prosecuting Inchoate Crimes in Kenya: The Case of Preparation to Commit a Felony in Kenya’ (2023) Law Society of Kenya Journal 

• Wanyonyi, E, and Otieno, N., ‘International Aviation Law Response to Security in Relation to Unmanned Aircraft System: A Case for Effective Regulations’ (2021) Aviation and Space Journal,  2281-9134
• Omondi, RO., and Otieno, N., ‘Mining Resources Governance in Kenya from a Legal Perspective,’ (2020)1(2) The African Journal of Mining, Entrepreneurship and Natural Resource Management, pp 168-180

C.  CONFERENCES, WORKRSHOPS AND PRESENTATIONS

• Nelson Otieno, ‘Public participation and emerging legal approaches for claiming legitimacy’  (Workshop on Fostering participation in decision-making on computing infrastructure in Europe and the United Kingdom, Minderoo Centre for Technology and Democracy, Cambridge, United Kingdom, 14 June 2024)
• Nelson Otieno, ‘ICT for Successful Implementation of SDGs in Kenya: The Missing Human Rights Link?’ , Expert speech presented to 2022 online Sustainathon Webinar in Remtech Europe 2022 Conference, 21 September 2022)
• Nelson Otieno, ‘ICT Partnerships in Africa, Legitimacy and the Way Forward’ (Paper presented to EELISA Funded POST Conference 8-11 March 2023 at ItdUPM- Technology Innovation for Development Center, Madrid, Spain).
• Nelson Otieno, ‘Global South and Continuous Search for Meaningful Stakeholder Engagement in Human Rights Due Diligence (Paper presented at the DAAD Scholarship Holders Symposium, , 18 March, 2023, Erlangen, Nuremberg, Germany).
• Nelson Otieno & Iheanyi Nwankwoh, ‘Adopting Data Protection Impact Assessment (DPIA) in Africa: Lessons from Kenya’s DPIA Framework and Experiences’ (1^st Global Data Law Conference, 11-13, September 2022, University of Ghana, Accra, Ghana)
• Nelson Otieno and Gabriel Tochetto, ‘Towards Multiple Ecologies of Norm-Development in Digital Rule-Making in the 21^st Century: Lessons from the Global South: Latin America and Africa (2^nd Global Data Law Conference, 7-9 December 2023, München, Germany)
• Nelson Otieno, ‘Data Protection Impact Assessment as a Human Rights Duty of State?’ (Paper presented at the workshop on Digitalizing Continent: Examining Challenges and Opportunities of Digital Transformation for Africa by Competence Center for African Research (CCAR), University of                St. Gallen, Switzerland & Afronomicslaw on 13^th July 2022)
• Nelson Otieno, ‘Towards Stakeholders-centric DPIAs in Kenya: Exploration of Possible Bases from Theoretical Constructs’ (Paper presented at the 2022 AHRI conference on technology and human rights, Center for Human Rights, Pretoria, South Africa, 2 September 2022) 
• Nelson Otieno, ‘Role of Business and Human Rights Frameworks in Reimagining Stakeholders’ (Paper presented at the 7^th Business and Human Rights Young Researchers Summit Conference in St. Gallen University Switzerland, September 2023)
• Nelson Otieno, ‘Drones, Information Security and Data Protection in East Africa,’ (Paper presented at the East African Law Society Webinar Series, 29 February 2024)

D. BLOGS AND POLICY BRIEFS

• Nelson Otieno, ‘Challenges of using Risk-Based approaches to Anchor Epistemic Data Justice for Rural Women in Tanzania and Kenya’ (Center for Intellectual Property and Information Technology Blog, May 2024)
• Nelson Otieno and Franziska Ahle, ‘Solving the Fertile Infertility of the ‘Golden Standard in the GDPR’ (African Legal Studies Blog, April 2024)
• Nelson Otieno, ‘Gender and Knowledge Bias: Why Epistemic Data Justice Matters for Data Governance in Africa’ (Center for Intellectual Property and Information Technology Blog, March 2024)
• Nelson Otieno, ‘Back to the Drawing Board: How Data Protection Impact Assessment Discourse is Shaping Maisha Namba Project in Kenya (African Legal Studies Blog – November 2023).
• Thoko Kaime and Nelson Otieno, ‘Lessons that Other African States Should Learn from Kenyan Government’s Response to Worldcoin Controversy’ (African Legal Studies Blog – October 2023).
• Nelson Otieno, ‘Data Protection Impact Assessment as a Human Rights Duty of State?’ (Afronomics law, November 2022).
• Nelson Otieno, ‘Good Order as Basis for Conducting Data Protection Impact Assessment during Transitional Periods’  (African Legal Studies Blog, January 2022), online
• Otieno, N, So Near Yet Too Far: Insights on Intrigues of Harmonization of Cybercrime Regulation in EAC, (African Legal Studies Blog, April, 2021), online 
• Otieno, N., Creating Momentum for More Integrationist Judgments in African RECs (African Legal Studies Blog, October, 2021), online
• Otieno, N., ‘Nexus between Mode of Appointment of Judges and Potential for Making Integrationist Judgments in African Regional Economic Communities’ (TGCL Bulletin 2021), p. 20-21