NAIROBI
Kenya’s Senate is considering legislation that would establish the country’s first comprehensive legal framework for artificial intelligence, creating a dedicated regulator with powers to inspect, audit and penalize AI systems operating in the country.
The Artificial Intelligence Bill, 2026, sponsored by nominated Sen. Karen Nyamu, received its first reading on April 2 and was referred to the Senate Standing Committee on Information, Communication and Technology.
The bill would establish the Office of the Artificial Intelligence Commissioner, an independent regulator responsible for overseeing AI systems, conducting risk assessments and enforcing compliance.
It adopts a risk-based approach similar to the European Union’s AI Act, classifying AI systems as unacceptable, high, limited or minimal risk.
High-risk systems would include those used in healthcare, education, agriculture, finance, security, employment and public administration.
They would be subject to requirements including human rights impact assessments, algorithmic transparency and retention of data records for five years.
The commissioner, appointed by the president following a Public Service Commission recruitment process, would maintain a public register of high-risk AI systems, operate regulatory sandboxes for testing new products and have authority to inspect AI systems and related premises.
Penalties and Next Steps
The bill would impose fines of up to 1 million Kenyan shillings ($7,700), imprisonment for up to six months, or both, on individuals or organizations that violate ethical requirements or enable the unlawful distribution of deepfakes.
More serious violations, including deploying high-risk AI systems without the required impact assessments, would carry fines of up to 5 million shillings ($38,500), imprisonment for up to two years, or both.
The legislation would apply to businesses operating AI systems in Kenya, including foreign companies whose AI products affect Kenyan users.
Covered companies would be required to register locally and undergo conformity assessments.
The proposal follows a High Court order issued in February 2026 directing the government to address delays in AI regulation and builds on Kenya’s National Artificial Intelligence Strategy 2025-2030.
A January 2026 report by Microsoft’s AI Economy Institute found Kenya’s AI usage rate at 8.1%, higher than in neighboring East African countries.
The legislation could have significant implications for healthcare, a sector classified as high risk.
Penda Health, a Nairobi-based primary care provider, said an AI tool developed with OpenAI reduced diagnostic errors by 16% and treatment errors by 13% in a 2025 study of nearly 40,000 patient visits.
Separately, Kenya’s Pharmacy and Poisons Board is drafting regulations for AI tools used in clinical settings.
The bill must pass both houses of Parliament before it can be presented to President William Ruto for assent.
Legal analysts have questioned whether the proposed regulator’s mandate would overlap with those of existing agencies, including the Office of the Data Protection Commissioner and the Communications Authority of Kenya, while some business groups have raised concerns about compliance costs for small and medium-sized enterprises.
