Kenya's AI Bill explained: What's in it?

Nominated Senator Karen Nyamu on Spice FM. [Screengrab] 

Nominated Senator Karen Nyamu has defended  a proposal to have Parliament regulate artificial intelligence (AI) in Kenya.

Speaking on Spice FM on Wednesday, March 25, Nyamu said the Bill is not political and will not limit the use of AI. Instead, she said, it seeks to close gaps in existing laws, including those on data protection and information technology.

“When those laws were enacted, no one saw the impact of the future, so it is a very necessary law we have to have international-based practice in this too,’’ said Nyamu.

The bill, currently before the Senate, aims to create a framework for regulating AI to ensure its use is ethical, transparent and accountable.

It proposes establishing the Office of the Kenya Artificial Intelligence Commissioner.

Senator Nyamu also warned that unregulated AI could lead to job losses and the spread of misinformation. While she acknowledged that AI is promoting creativity, she said it can also be misused.

“We can't be consumers of AI without regulating it. Kenyans are consuming fake information and taking it as gospel truth. Without regulation, AI could also replace human jobs,” she said.

But, data protection and privacy expert Risper Onyango averred that the Bill should be more inclusive.

She noted that Kenya has not yet developed advanced, or “strong,” AI, and that different sectors interact with the technology in different ways.

“We need different sectors to unpack AI within their own fields because one document cannot capture everything,” Onyango said.

She also criticized the bill for focusing on penalties without supporting innovation. “This bill envisions penalties, but it does nothing to help us innovate, encourage creativity or build incentives. It fails to provide the initial framework we need,’’ she added.

*What’s in the AI Bill?*

The proposed law seeks to address gaps in the Data Protection Act, the Technology and Innovation Act, and the Science, Technology and Innovation framework by creating an office dedicated to overseeing AI risks.

The proposed Office of the Artificial Intelligence Commissioner would be responsible for promoting AI literacy and aligning Kenya’s approach with global standards, including the European Union’s Artificial Intelligence Act and Kenya’s National Artificial Intelligence Strategy 2025–2030.

The bill outlines the structure, functions and administration of the commissioner’s office, as well as the establishment of an Advisory Committee on Artificial Intelligence.

The office would oversee the implementation and enforcement of the law, conduct risk assessments, and carry out audits and post-market surveillance of AI systems.

It would also develop policies, guidelines and standards on AI governance, ethics, safety and responsible use, in consultation with relevant agencies and the public.