Laws/regulations that directly regulate AI (“AI Regulations”)
Between January 14th and January 19th, 2025, the Ministry of Information, Communications and Technology (the “Ministry”) held discussions regarding the draft of Kenya’s National Artificial Intelligence (AI) Strategy 2025-2030. The strategy aims to position the country as a major AI hub in Africa and promote sustainable development, economic growth and social inclusion through innovative AI solutions.
On March 27, 2025, the Ministry officially launched the “National Artificial Intelligence Strategy 2025-2030” (“Strategy”).
This strategy outlines a comprehensive framework developed with input from a variety of stakeholders, including government agencies, the private sector, academia, civil society, international partners and local communities. Key objectives include establishing a robust AI governance framework. Strengthening AI adoption in key sectors such as agriculture, healthcare, education and public service delivery. Cultivating the local AI ecosystem. The strategy is fixed in three main pillars: (i) AI digital infrastructure, (ii) data, and (iii) AI research and innovation. Supported by enablers such as governance, talent development, investment, and ethical AI practices. It positions the country as a regional leader in AI research and innovation.
Under the theme of governance, this strategy recommends the development of a comprehensive AI policy framework to provide consistency and direction for the AI sector in Kenya. If realized, recommendations could lead to the development of the following AI-related policies:
National Data Policy (i.e., leading to the development of legal data access and sharing frameworks) National AI and emerging technology policy National Cybersecurity policy 4
AI Regulation Status
In addition to the above, the Kenya Standards Bureau (KEBS) released an Information Technology Artificial Intelligence Code (“Draft Code”) on May 8, 2024. The draft code is still in draft format, and Kebs had invited members of the public to submit comments by June 13th, 2024, but there was no further progress in relation to its approval and release.
The Kenya Robotics Association has developed seven Kenya Robotics and Artificial Intelligence Association Bill 2023 (“Robotics and AI Bills”) aimed at developing a framework to regulate Kenya AI. The Robotics and AI Bills are still in the form of drafts, not published in the Kenya Official Gazette, nor have they been featured in front of Kenya’s Parliament. Furthermore, it has not received support from the Kenyan government and faces opposition from key private sector players and stakeholders.
Finally, in 2019, the Cabinet Secretary of ICT established the Distributed Ledger Technology and Artificial Intelligence Task Force (“Task Force”). The task force’s mission was to explore and analyze future digital technologies that demonstrated the potential to transform Kenya’s economy. This included disruptive technologies such as distributed ledger technologies (such as blockchain and hashgraph), AI, 5G wireless technology, and the Internet of Things. The task force noted in the report that the challenges for AI regulation are ways to balance support innovation and competition while protecting customers, market integrity, financial stability, and human life.
Other laws affecting AI
Some of the other laws expected to affect artificial intelligence are:
Data Protection Act, 2019 – This Act Interaria recognizes that all data subjects have rights not based on decisions based solely on automated processing. We recognize that this is not based solely on automated processing that generates or significantly affects the legal impacts associated with computer misuse and CyberCreams Act. Therefore, AI systems will apply as long as they are considered to constitute the 2012 critical information infrastructure consumer protection law. This law applies to AI because it requires protection for consumers using AI products and systems.
Definition of “AI”
As mentioned above, there are currently no specific laws or regulations in Kenya that directly regulate AI. It has not been offered so far unless there is a law in Kenya defining “AI.” However, the strategy defines AI as follows:
“A collection of new technologies that utilize machine learning, data processing and algorithmic systems typically perform tasks that require human intelligence. AI covers a variety of functions, including automated decision-making, language processing, and computer vision.”
The strategy defines AI as a powerful tool for sustainable development designed to support and simplify human tasks, solve important challenges, and promote sustainable growth.
The Kebs draft code does not define AI, but lists three characteristics of AI, including:
Building with the capabilities of an AI system to implement a model to obtain information and processes with or without algorithmic or programming human intervention applies the optimization or inference made on a model, prediction, or recommendation, to meet the updates and improvements of a particular goal made by assessing the model, system, or interaction.
Furthermore, the Robotics and AI Bill defines the term AI as “the ability of a machine to perform tasks normally associated with human intelligence, such as learning and problem solving.”12.
Territory range
As mentioned above, there are currently no specific laws or regulations in Kenya that directly regulate AI. However, once the strategy and draft code is completed, it will only be applied in Kenya and is expected to have no out-of-territorial applications. However, the task force recognized in its report that state AI regulations are likely to have cross-border impacts and could lead to international conflict.
This strategy recommends harmonization of local national data, tax and cybersecurity laws for compliant data transfers.
Scope of department
As mentioned above, there are currently no specific laws or regulations in Kenya that directly regulate AI. Therefore, there are no specific regulatory requirements that apply to various sectors in Kenya.
The role of compliance
As mentioned above, there are currently no specific laws or regulations in Kenya that directly regulate AI. However, some of the roles offered under the draft code include obligations to stakeholders who understand the ecosystem in which the AI system operates and to ensure that risk management and security systems are in place.
Additionally, the Robotics and AI Bills seek to require those who carry out the Robotics and Artificial Intelligence Association or Association business to register with the government that describes the relevant business activities being implemented.
Core Issues AI Regulations Are Troubled
As mentioned above, there are currently no specific laws or regulations in Kenya that directly regulate AI.
One of the core strategic issues relates to the establishment of a data governance framework to facilitate ethical and acceptable data access, sharing, and use in the development and use of AI.15.
Risk classification
As mentioned above, there are currently no specific laws or regulations in Kenya that directly regulate AI. Once the strategy and draft code are complete, the risk classification is expected to become more clear.
This strategy prioritizes the need for AI-related risks and safety frameworks, and recommends the development of frameworks to control the risks associated with the use of AI.16.
Key Compliance Requirements
As mentioned above, there are currently no specific laws or regulations in Kenya that directly regulate AI. However, the draft code provides that AI space developers and stakeholders must adhere to and maintain high standards of AI systems for transparency, accountability, security, privacy measurement, risk management capabilities and governance.
This strategy provides indications of the direction Kenya takes in relation to AI and recommends data access, sharing and governance in relation to AI as a key focus for future legislation.
Regulatory Authorities
As mentioned above, there are currently no specific laws or regulations in Kenya that directly regulate AI. As such, there are currently no regulators overseeing the development and use of AI in Kenya.
Enforcement power and punishment
As mentioned above, there are currently no specific laws or regulations in Kenya that directly regulate AI. Enforcement and penalty elements have not been explicitly developed.
1Please refer to the National Artificial Intelligence Strategy 2025-2030 (Distribution for consultation purposes).
2 Read the National Artificial Intelligence Strategy 2025-2030 here.
3 See strategy here, pg.8.
4 See strategy here, pg.76.
5Please refer to this draft code.
6 Read the cover letter of the public review here.
7 See robot and AI invoices here.
8 See strategy here, pg. 40.
9 See strategy here, pg. 15.
10 See strategy here, pg. 15.
11 See this draft code, p.8 and 9.
12 See robot and AI invoices here, p.5.
13 See strategy here, p.76.
14 See Robotics and AI Bill, here, Article 21.
15 See strategy here, pg.76.
16See Strategy here.
17Please refer to this draft code.
18Please refer to this National AI Strategy 2025.
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