Kenya could be on the path of generating a new law to regulate the use of Artificial Intelligence (AI) if a proposal by Aldai MP Marianne Kitany paves way for the National Assembly to craft such a law.
The legislator is pushing for the enactment of a comprehensive regulatory and “ethical framework” for the use and development of AI in the country.
Ms Kitany made the call just days after the National Assembly adopted her Motion on the need to regulate AI, which prepares the ground for the introduction of the AI Bill in the House.
This comes as the Principal Secretary for Parliamentary Affairs, Dr Aurelia Rono, reaffirmed the government’s commitment to coordinating a legislative agenda that will anchor Kenya’s National AI Strategy 2025-2030 into law, while ensuring a strong regulatory framework for AI adoption.
“Regulating AI involves addressing its development, deployment and use to mitigate risks and harm in the society while fostering innovation. We therefore need a law that can help ensure that AI is developed and used in ways that benefit the people,” Ms Kitany says of her proposed Bill that is still in the drafting stage.
Aldai MP Marianne Kitany.
Photo credit: File | Nation
Already the 2022 government AI readiness index report shows that Kenya is ranked fifth in Africa and 90th globally in its preparedness to adopt AI.
The Oxford Insights Survey of 2022 indicates that Kenya achieved a 40.3 percent score in AI readiness, which indicates potential but also highlights the urgent need for governance.
Ms Kitany notes that her proposed AI law borrows from the world’s best democracies that have regulated AI systems- European Union’s AI Act, India’s AI rules and the US State laws.
A growing number of African countries have national AI strategies. They include Egypt, Rwanda, Benin, Morocco, Mauritius, Sierra Leone, Tunisia, Nigeria, and South Africa.
According to the Aldai MP, while AI technology has tremendous potential like increasing efficiency and innovation, it equally poses significant risks about its impact to society “if adopted without the required safeguards”.
The concerns, according to the MP, include fears of potential misuse for malicious purposes such as AI-powered fake technology algorithms, misinformation, job displacement and economic inequality.
Others include privacy invasion breaches such as infringement on the people’s rights; security risks like cyber-attacks or manipulation of data; and the lack of transparency and accountability as AI systems are unaccountable.
“The world is rapidly changing by embracing AI, which is the use of a digital computer or computer-controlled robots to perform tasks commonly associated with intelligent beings,” said Ms Kitany.
The National Assembly adopted a Motion on the need to regulate AI, which prepares the ground for the introduction of the AI Bill in the House.
Photo credit: File | Nation Media Group
According to Dr Rono, the National AI strategy outlines Kenya’s roadmap for harnessing AI to enhance service delivery, boost innovation and create economic opportunities.
“AI systems can be used to summarise legislative Bills, reports and transcripts in plain language, making them easier to understand for ordinary citizens,” says Dr Rono. “Making such summaries available can enhance public participation in the legislative process and foster communication between MPs and their constituents.”
But as the country gears towards the AI law, Ms Kitany proposed the establishment of a national public awareness campaign to educate Kenyans on the opportunities and threats posed by the AI technology.
The Ministry of Information Communication and the Digital Economy led by Cabinet Secretary William Kabogo is responsible for the creation of a legal framework and ethical guidelines for responsible AI use in the country.
At the launch of Kenya’s National AI strategy at the Kenyatta International Convention Centre (KICC) early this year, Dr Rono reaffirmed the country’s commitment in coordinating policies that will drive AI integration across various sectors “while upholding data security, ethics, and inclusion”.
“The successful implementation of AI requires a sound legal foundation. As a department, we are committed to ensuring that AI and digital transformation policies are anchored in law to facilitate innovation, efficiency, and economic growth,” said PS Rono.
Currently, Kenya has no laws or regulations that specifically regulate the AI phenomena as it sweeps the world.
“Kenya’s AI strategy envisions the country as Africa’s leading AI hub for model innovation, driving sustainable development, economic growth, and social inclusion while positioning itself as an AI research and application leader on the continent,” Kenya’s AI strategy paper 2025-2030 says.
The first pillar, AI digital infrastructure, underscores the need for accessible and affordable AI infrastructure and a modernised national digital infrastructure for AI access and development.
The second pillar, data, seeks the establishment of a robust sustainable data ecosystem for AI and innovation.
The third pillar, AI research and innovation, is central to the vision of making Kenya a global leader in AI model development.
An MP has proposed an AI Bill to push for the enactment of a comprehensive regulatory and “ethical framework” for the use and development of AI in the country.
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It emphasises the drive to develop cutting-edge localised AI models and solutions through thriving local research and development, innovation, and commercialisation.
Kenya’s previous AI policy efforts include the 2019 Distributed Ledgers (Blockchain) and AI taskforce report, which investigated and evaluated the two emerging technologies and their significant promise for revolutionising Kenya’s economy.
The taskforce noted that the challenge in regulating AI is to strike a balance between supporting innovation and competition while protecting consumers, market integrity, financial stability, and human life.
Another effort, led by the Robotics Society of Kenya (RSK), was the draft Kenya Robotics and AI Society Bill 2023, developed to regulate the use and adoption of AI in Kenya but never got support from government, regulators, civil society and private sector players.
On April 8, 2024, the Kenya Bureau of Standards (KeBS) released the draft Information Technology Artificial Intelligence Code of Practice to ensure that the rights of citizens are upheld during the development of AI systems.
Notably, the development and use of AI is prominent in the majority of the development plans of African countries.
According to Ms Kitany, the exponential rate at which AI is being embraced in society without proper regulatory mechanisms “has caused various negative consequences such as rising cases of disinformation and fake news”.
