For an explanation of how to read this resource, please refer to the guide at the bottom.
AI Regulation
In November 2023, the Kenya Robotics and Artificial Intelligence Society Bill 2023 (the “Robotics and AI Society Bill”) was introduced to the country’s Parliament.1 The bill, which encountered resistance upon its introduction, aims to establish the Kenya Robotics and Artificial Intelligence Society as a body with authority to regulate the robotics and AI industry.
In April 2024, the Kenya Bureau of Standards released a draft ‘Information Technology — Artificial Intelligence — Code of Practice for AI Applications’ (the “Draft AI Code of Practice”) containing recommendations for the responsible development, deployment, and use of AI systems.2
In December 2024, Kenya’s Office of the Special Envoy on Technology released the ‘Diplomat’s Playbook on Artificial Intelligence’ (the “Diplomat AI Playbook”).3
In January 2025, Kenya's AI Statement of Principles (the “Statement of AI Principles”) was announced during a two-day workshop that assembled participants from various sectors.4
In March 2025, the Ministry of Information, Communications and the Digital Economy (MICDE) launched the ‘Kenya National Artificial Intelligence (AI) Strategy 2025-2030’, a draft of which (the "Draft AI Strategy") had been released for public review in January 2025.5
The Media Council of Kenya has released various guidelines, including ‘A Media Handbook for Reporting on Artificial Intelligence in Kenya’ (the “AI Media Handbook”) and the ‘Media Guide on the Use of Artificial Intelligence in Kenya’ (the “AI Media Guide”).6
Definitions of AI
The Robotics and AI Society Bill defines “Artificial Intelligence” as: “the ability of machines to perform tasks that are typically associated with human intelligence, such as learning and problem-solving.”
The Draft AI Code of Practice adopts terms and definitions provided by ISO/IEC 22989, which include “artificial intelligence” and related terms.7 Additionally, the code outlines the following as characteristics of AI:
(i) Built with the capabilities of an AI system that implements a model to acquire information and processes with or without human intervention by algorithm or programming.
(ii) Applies optimizations or inferences made with the model to augment decisions, predictions or recommendations in a timely manner to meet specific objectives.
(iii) Updates and improvements made to the model, system or application by evaluation of interaction outcomes. [sic]
The Diplomat AI Playbook defines “Artificial Intelligence” as “a field within computer science dedicated to creating systems that can perform tasks typically requiring human intelligence, such as language understanding, visual recognition, and decision-making”.
The Draft AI Strategy provides the following definition:
AI is a collection of emerging technologies that leverage machine learning, data processing, and algorithmic systems to perform tasks that typically require human intelligence. It encompasses a range of capabilities, including automated decision-making, language processing, and computer vision. In the Kenyan context, AI is a powerful tool for sustainable development, designed to assist and simplify human tasks, solve critical challenges, and drive sustainable growth.
The AI Media Handbook defines “Artificial Intelligence” as: “The simulation of human intelligence in machines that are programmed to think and learn like humans.”8
The AI Media Guide defines “Artificial Intelligence” as: “[a] field of study within computer science concerned with developing computer systems that perform specific functions or tasks that would normally require human intelligence.”9
Core Principles
Section 4 of the Robotics and AI Society Bill provides for the following principles to guide the development and use of robotics and AI: (i) The Public Good; (ii) Human Safety and Security; (iii) Privacy and Data Protection; (iv) Accountability; and (v) Diversity and Inclusion.
The Draft AI Code of Practice addresses core principles in several ways. First, it identifies ‘Trustworthiness’ as an essential characteristic of an AI system and lists sub-characteristics, including: (i) AI Robustness; (ii) AI Reliability; (iii) AI Resilience; (iv) AI Controllability; (v) AI Explainability; (vi) AI Predictability; (vii) AI Transparency; (viii) AI Verification and Validation; and (ix) AI Bias and Fairness.
Secondly, the Draft AI Code of Practice outlines “measures and activities” for the establishment of ethical frameworks. These include: (i) Accountability; (ii) Safety and Security; (iii) Fairness and Non-Discrimination; (iv) Transparency and Explainability; (v) Ensuring Human Control of Technology, over AI-Infused Systems; (vi) Professional Responsibility; (vii) Promotion of Human Values; (viii) International Human Rights; (ix) Respect for International Norms of Behaviour, Community Involvement and Development; (x) Respect for the Rule of Law; (xi) Environmental Sustainability; and (xii) Labour Practices.
Finally, the Draft AI Code of Practice highlights ‘Privacy’ as a measure for addressing societal concerns.
The Diplomat AI Playbook outlines 14 core principles, categorised under four focus areas: Ethical AI and Human Rights, Inclusivity and Equity, Sustainable Development, and Digital Sovereignty and Governance. The core principles are: (i) Upholding Human Dignity and Rights; (ii) Transparency, Accountability, and Fairness; (iii) Mitigating Bias and Discrimination; (iv) Bridging the Digital and AI Divides; (v) Equitable Access to AI Technologies; (vi) Empowering Underrepresented Groups; (vii) Leveraging AI for National Development Goals; (viii) AI as a Tool for Public Good; (ix) Building Digital Public Infrastructure; (x) Balancing National Autonomy with Global Cooperation; (xi) Data Governance and Protection; (xii) Cybersecurity and AI Governance; (xiii) Promoting AI Interoperability and Global Standards; and (xiv) Ethical AI in Migration.10
The Statement of AI Principles outlines five core values and eight core principles. The core values include: (i) Safe AI; (ii) Secure AI; (iii) Inclusive AI; (iv) Sustainable AI; and (v) Trustworthy AI. The core principles include: (i) Life-Centered and Human-Centered Design and Accountability; (ii) Equity and Fairness; (iii) Transparency and Public Trust; (iv) Safety, Security, and Resilience; (v) International Collaboration and Ethical AI Development; (vi) Environmental Sustainability; (vii) Inclusive Participation and Cultural Relevance; and (viii) Robust Governance and Adaptive Regulation.
The Draft AI Strategy proposes eight guiding principles as follows: (i) Inclusivity and Non-Discrimination; (ii) Participation and Co-Creation; (iii) Transparency and Accountability; (iv) Ethical and Responsible AI; (v) Cultural Preservation and Contextualization; (vi) Environmental Sustainability; (vii) Economic Benefit and Self-Sufficiency; and (viii) Local First Approach.
The AI Media Handbook identifies several principles for the ethical use of AI. These include: (i) Respect for Persons; (ii) Beneficence (Do No Harm); (iii) Accountability; (iv) Transparency and Explainability; (v) Fairness; (vi) Diversity and Accessibility; (vii) Intrusion to Privacy [sic]; (viii) Data Protection and Governance; (ix) Human-in-the-Loop; (x) Safety and Security of AI Systems; and (xi) Human Dignity, Autonomy, and Psychological Impact.
The first principle, Respect for Persons, is elaborated with reference to national values under Article 10 of the Constitution of Kenya, which the AI Media Handbook lists as including “the observation of human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination, and protection of the marginalised”.
In comparison, the AI Media Guide presents a nearly identical list of principles. However, it excludes the principle of Respect for Persons. Despite this exclusion, the AI Media Guide still elaborates on the application of the same national values under Article 10 of the Constitution of Kenya.
Public Consultations
The Draft AI Code of Practice was published for public review from 8 April 2024 to 13 June 2024.11
MICDE released the Draft AI Strategy for public review from 14 January 2025 to 19 January 2025.12
The Media Council of Kenya issued a public notice calling for comments on the AI Media Handbook and AI Media Guide until 26 January 2025.13
Existing Legal Framework
A non-exhaustive list of regulations that might affect AI in the country includes:
- Constitution of Kenya14
- Kenya Vision 203015
- National ICT policy 201916
- Digital Economy Blueprint17
- The Kenya National Digital Masterplan (2022-2032)18
- National Cybersecurity Strategy, dated 202219
- Kenya Information and Communications Act, 199820
- Science, Technology and Innovation, 2013 (Act No. 28 of 2013)21
- Data Protection Act, 2019 (Act No. 24 of 2019)22
- Data Protection (General) Regulations, 202123
- Data Protection (Registration of Data Controllers and Data Processors) Regulations, 202124
- Data Protection (Complaints Handling and Enforcement Procedures) Regulations, 2021
- Access to Information Act, 2016 (Act No. 31 of 2016)25
- Computer Misuse and Cybercrimes Act, 2018 (Act No. 5 of 2018)26
- Consumer Protection Act, 2012 (Act No. 46 of 2012)27
- Consumer Protection Guidelines and Customer Care Standards, dated July 202228
Human Rights
The UDHR was adopted by the UN General Assembly on 10 December 1948. Its principles are considered universal and applicable to all UN member states. As a member of the UN, Kenya has committed to upholding the principles of the UDHR. The Constitution of Kenya includes provisions that protect fundamental human rights.29 Article 31 guarantees the right to privacy (protection of the person, home or property from search, protection of information relating to family or private affairs, and protection of communications). Other protections include the rights to life (Article 26), equality and non-discrimination (Article 27), dignity (Article 28), freedom of expression (Article 33), and healthcare and education (Article 43). Kenya has ratified several key international human rights instruments, including the ACHPR, ICCPR, and ICESCR. However, the country has not signed or ratified the Malabo Convention.
Regulators
A non-exhaustive list of regulators that might impact AI in the country includes:
- Ministry of Information, Communications and the Digital Economy (MICDE)30
- Communications Authority of Kenya (CA)31
- Kenya National Innovation Agency (KENIA)32
- ICT Authority (ICTA)33
- Office of the Data Protection Commissioner (ODPC)34
- National Kenya Computer Incident Response Team - Coordination Center (National KE-CIRT/CC)35
- Kenya Bureau of Standards (KEBS)36
- Public Service Commission37
- Kenya National Commission on Human Rights (KNCHR)38
- Commission on Administrative Justice (Office of the Ombudsman)39
R&D and Multi-Stakeholder Initiatives
Multi-stakeholder initiatives in Kenya have driven many of the strides in furtherance of AI governance. Notable examples include:
- The ‘FAIR Forward – Artificial Intelligence for All’ initiative, a partnership between the Kenyan government and Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, supported by the German Federal Ministry for Economic Cooperation and Development (BMZ) and the European Union, for development of Kenya’s AI strategy.40
- Collaboration between MICDE and KICTANet, with support of the UK government, for development of the Statement of AI Principles.41
The Centre for Data Science and Artificial Intelligence at Dedan Kimathi University is a beneficiary of Artificial Intelligence for Development (AI4D), a partnership funded by Canada’s International Development Research Centre (IDRC), the Swedish International Development Cooperation Agency (SIDA), and the United Kingdom’s Foreign, Commonwealth and Development Office.42 AI4D allocated CA$1,000,000 for a 48-month project to support the Centre as a multidisciplinary lab.43
In May 2024, Microsoft and G42 announced a $1 billion investment in partnership with MICDE.44 This collaboration, involving various stakeholders, aims to achieve several objectives. These include establishing a green data center, developing AI models for local languages, creating an East Africa Innovation Lab, and providing AI skills training.45
In November 2024, Kenya and the United Kingdom announced the UK-Kenya AI Challenge Fund to promote the ethical development and use of AI technologies. The African Centre for Technology Studies (ACTS) will lead this initiative, which will, among other things, support programs aligned with Kenya’s national AI strategy.47
Also in November 2024, Microsoft launched an initiative in Kenya to train one million people in AI and cybersecurity by 2027.48 As part of the programme, Microsoft plans to work with government bodies, including MICDE and the Public Service Commission, to promote AI and cybersecurity policy development and enhance citizens’ skills.49
Professional/Industry Associations
A non-exhaustive list of professional or industry associations with a focus on AI in the country includes:
- Ai Kenya50
- Nairobi AI51
- Data Labelers Association52
- Robotics Society of Kenya53
Advisory Bodies and Expert Groups
In February 2018, Kenya’s Cabinet Secretary for Information, Communication and Technology appointed the Distributed Ledgers Technology and Artificial Intelligence Taskforce to evaluate distributed ledger and AI technologies and develop a roadmap for leveraging these technologies to address Kenya’s priorities.54
In October 2023, the Media Council of Kenya inaugurated the Taskforce on Data and AI Guidelines to establish guidelines for responsible use of AI by media enterprises and media practitioners.55 These efforts culminated in the AI Media Handbook and AI Media Guide discussed above (see “AI Regulation”).56
Guide
- AI Regulation: The term "regulation", as used in this resource, encompasses measures ranging from binding laws to national AI policies and strategies, government proposals, advisory guidelines, and industry standards that address AI systems and their implications.
- Existing Legal Framework: This section outlines the relevant legal framework, excluding any AI-specific regulations presented in the initial section.
- Human Rights: The following terms have the stated meanings: "ACHPR" means the African Charter on Human and Peoples’ Rights, "ICCPR" means the International Covenant on Civil and Political Rights, "ICESCR" means the International Covenant on Economic, Social and Cultural Rights, "Malabo Convention" means the African Union Convention on Cyber Security and Personal Data Protection, "UDHR" means the Universal Declaration of Human Rights, and "UN" means the United Nations. Any reference to an “Article” or “Section” of the Constitution is to the version of the Constitution referenced herein.
- Advisory Bodies and Expert Groups: This section excludes legislative and parliamentary committees.
