Kenya moves to regulate AI, but who will call the shots?
Kenya now has a National AI Strategy, a proposed AI law, a draft policy covering AI and other emerging technologies.
Nairobi, Kenya — As Artificial Intelligence (AI) continues to rapidly evolve in Kenya, the nation is simultaneously grappling with how to effectively regulate this emerging technology. While there are several pieces in place to address AI, a looming question remains: who will ultimately be responsible for overseeing its use?
Kenya has made significant strides in defining its AI future through a comprehensive National AI Strategy 2025-2030. This strategy establishes key focus areas such as infrastructure, data, talent, governance, investment, and ethics. However, the strategy faces challenges in implementation, particularly when it comes to funding. The projected cost of Sh152 billion over five years has not yet been allocated in the 2026/27 national budget.
To further bolster AI oversight, the proposed Artificial Intelligence Bill 2026 is currently under consideration by Parliament. This legislation, sponsored by Senator Karen Nyamu, aims to establish an Office of the Artificial Intelligence Commissioner as the primary oversight body. The Bill proposes a risk-based approach to regulating AI, encompassing human rights, personal data, and the responsible use of technology.
It also addresses concerns related to AI-generated content, potential job losses, and the unauthorized use of people's images and voices.
On the other hand, Kenya's Ministry of ICT is concurrently developing its own AI framework. The Ministry's draft Kenya Artificial Intelligence and Other Emerging Technologies Policy emphasizes transparency, requiring individuals to be informed when interacting with an AI system. This draft policy aligns with existing laws and frameworks, including the National AI Strategy and the Data Protection Act.
The challenge lies in the potential convergence of these multiple AI oversight mechanisms. As AI impacts various sectors regulated by different institutions, such as data protection, communications, financial services, healthcare, and cybersecurity, the Ministry's proposed governance structures could conflict with the oversight mechanisms outlined in the proposed AI Bill. Kenya must navigate these competing frameworks to ensure effective regulation and implementation.
Recent incidents demonstrate the potential risks posed by AI-generated content. Manipulated videos and images have been used to mislead the public, as seen in a case involving a fraudulent video that falsely attributed quotes to a Kenyan journalist and politician. Such incidents highlight the need for robust regulation to prevent the exploitation of AI technology for malicious purposes.
The proposed AI Bill aims to address these risks by including provisions for the regulation of harmful and misleading AI-generated content, such as deepfakes. However, the legislation must also contend with Kenya's ambition to position itself as a regional technology hub. With startups, financial institutions, and established companies rapidly incorporating AI into their operations, the country must balance its desire for growth with the need for responsible AI governance.
As Kenya moves closer to the 2027 General Election, the potential for the misuse of AI-generated content to influence voters looms large. The proposed legislation seeks to mitigate these risks, but the country must ensure that its regulatory framework is comprehensive and adaptable to the rapidly evolving AI landscape.
Written by urgent.news from Capital FM Kenya's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
