AI regulation in Kenya: laws & policy (2026)
AI in Kenya: proposed.
Kenya has no comprehensive AI law in force. The Ministry of Information, Communications and the Digital Economy launched the non-binding Kenya National AI Strategy 2025-2030 in March 2025, and the Artificial Intelligence Bill, 2026 was tabled in the Senate (first reading April 2026) proposing a risk-based framework and an Office of the AI Commissioner, but it remains at committee stage and not yet law. In the meantime, AI-adjacent conduct is governed sectorally, principally by the Data Protection Act 2019 (right against solely automated decisions) and a draft AI and Emerging Technologies Policy being finalised in 2026.
Legal framework
Artificial Intelligence Bill, 2026 (Senate Bill No. 4 of 2025) pending in Parliament; Kenya National AI Strategy 2025-2030 (non-binding); Data Protection Act, No. 24 of 2019 (sectoral automated-decision provisions enforced by the Office of the Data Protection Commissioner)
Key points: artificial intelligence in Kenya
Pending comprehensive bill
The Artificial Intelligence Bill, 2026 was published as Senate Bills No. 4 of 2025 and received first reading on 2 April 2026; it was committed to the Senate Standing Committee on ICT and, because it affects counties, must also pass the National Assembly before presidential assent. It is therefore not yet in force.
Risk-based model proposed
The Bill adopts an EU-style four-tier classification (unacceptable, high, limited, minimal risk) with prohibitions on unacceptable-risk uses, conformity assessments for high-risk systems, and criminal penalties of up to KES 5 million and/or two years' imprisonment.
Proposed AI Commissioner
The Bill would establish an independent Office of the Artificial Intelligence Commissioner responsible for risk assessments, conformity audits, post-market surveillance, guidelines, AI-literacy promotion, and enforcement.
National AI Strategy 2025-2030
The Ministry of Information, Communications and the Digital Economy launched the Kenya National AI Strategy 2025-2030 in March 2025. It is a policy roadmap built around three pillars — AI digital infrastructure, data ecosystems and governance, and AI research/innovation/commercialisation — with cross-cutting enablers on ethics, skills and governance; it does not create binding obligations.
Automated decisions under the DPA 2019
Section 35 of the Data Protection Act, No. 24 of 2019 gives data subjects the right not to be subject to decisions based solely on automated processing (including profiling) that produce legal or similarly significant effects, with rights to notification and human reconsideration; enforced by the Office of the Data Protection Commissioner.
Draft AI & Emerging Technologies Policy
The Ministry of ICT published a draft Kenya AI and Other Emerging Technologies Policy, 2026 to complement the Strategy, intended for finalisation during 2026; it remains a draft policy and not legislation.
Timeline of decisions
- Guidance · officialKenya launches National AI Strategy 2025-2030
The Ministry of Information, Communications and the Digital Economy launched Kenya's first National AI Strategy, setting a government-led, five-year roadmap across infrastructure, data, talent, governance and ethics. It signals Kenya's intent to lead AI adoption in Africa while flagging future legislation.
Ministry of ICT & Digital Economy
- Guidance · officialDraft National AI Strategy released for public validation
The Ministry of ICT published the draft Kenya National AI Strategy for public validation, the culmination of a consultative process begun in April 2024. It opened the framework to stakeholder input before the March 2025 launch.
Ministry of ICT & Digital Economy
- Guidance · officialKEBS opens consultation on draft AI Code of Practice (DKS 3007:2024)
The Kenya Bureau of Standards published a draft Code of Practice for AI Applications for public review (consultation closed 13 June 2024), establishing a voluntary framework for trustworthiness, risk management, testing and ethics. It draws on ISO/IEC standards and the EU AI Act.
Kenya Bureau of Standards (KEBS)
- Law · officialKenya Robotics and AI Society Bill, 2023 introduced
A bill proposing a licensing body for robotics and AI practitioners (with fines and jail terms for unlicensed activity) was conveyed to Parliament via public petition. Industry groups strongly opposed it as unworkable, and it stalled, shaping the case for a strategy-led rather than licensing-led approach.
Parliament of Kenya
Sources
- parliament.go.ke/sites/default/files/2026-04/Bill%20Digest%20-%20The%20Artificial%20In
- kictanet.or.ke/document/memorandum-on-the-artificial-intelligence-bill-2026-senate-b
- ey.com/en_gl/technical/tax-alerts/kenya-publishes-artificial-intelligence-bi
- cliffedekkerhofmeyr.com/en/news/publications/2026/Kenya/Corporate-Commercial/corporate-commer
- bowmanslaw.com/insights/kenya-artificial-intelligence-bill-2026-proposed-too-soon/
- oecd.ai/en/dashboards/policy-initiatives/kenya-artificial-intelligence-strate
- ict.go.ke/sites/default/files/2025-01/Kenya%20National%20AI%20Strategy%20(Draft
- ict.go.ke/sites/default/files/AI%20Policy%20Doc/draft-kenya-ai-and-emerging-tec
- new.kenyalaw.org/akn/ke/act/2019/24/eng@2022-12-31
- icnl.org/resources/library/kenya-data-protection-act-no-24
- digitalpolicyalert.org/change/19229-artificial-intelligence-and-emerging-technologies-policy
Next for Kenya: Data & PrivacyComprehensive law
Next topicOrientation, not legal advice: verify against the primary sources linked above. Last verified 10 Oct 2026. Methodology & how to cite · State of Technology Regulation 2026