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Kenya Tables AI Bill Proposing Regulator, Risk Rules And Penalties
Kenya has moved to formally regulate artificial intelligence with the introduction of the Artificial Intelligence Bill, 2026, sponsored by nominated Senator Karen Nyamu, setting out a comprehensive framework to govern the use of AI technologies in the country.
The Bill seeks to ensure that artificial intelligence is developed and deployed in a manner that is ethical, transparent, and accountable, while safeguarding human rights, data protection, and public welfare. It also aims to address gaps in existing laws, including the Science, Technology and Innovation Act and the Data Protection Act.
Central to the proposed law is the establishment of the Office of the Artificial Intelligence Commissioner, which will act as the primary regulator overseeing AI systems in Kenya. The office will be responsible for monitoring risks, developing policy, advising government, and enforcing compliance across sectors.
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The legislation adopts a risk-based regulatory model, aligning Kenya with global standards such as the European Union’s AI Act and the country’s National Artificial Intelligence Strategy 2025–2030. Under this approach, AI systems will be classified based on their level of risk, with stricter obligations placed on high-risk applications.
The Bill also outlines a broad governance structure. It proposes the formation of an Advisory Committee on Artificial Intelligence, expected to be diverse and gender-balanced, to guide policy and oversight. In addition, it introduces regulatory tools such as AI sandboxes, ethical guidelines, transparency requirements, and literacy programmes to support responsible adoption of the technology.
Under the proposed law, individuals and organisations that misuse AI could face fines of up to Sh5 million, imprisonment of up to two years, or both. Offences include deploying prohibited systems, failing to conduct risk assessments, and creating harmful or misleading AI-generated content such as deepfakes without consent.
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The Bill further places strong emphasis on data governance, requiring organisations to maintain detailed records of data used to train AI systems and comply with existing data protection laws.
Financial and administrative provisions are also included, detailing how the regulator will be funded, audited, and managed. The legislation grants the Cabinet Secretary powers to develop regulations under the Act, while stating that it does not limit fundamental rights and freedoms.
The proposal builds on Kenya’s broader push to formalise AI governance, following earlier policy efforts and the rollout of the national AI strategy.
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If passed, the Artificial Intelligence Bill, 2026, would position Kenya among a growing number of countries establishing dedicated legal frameworks for artificial intelligence, as governments seek to balance innovation with accountability in an increasingly data-driven economy.