Striking a Balance: Kenya’s AI Strategy (2025–2030) and What It Means for You

1. Introduction 

In recent years, Kenya has witnessed an increased growth in digital footprint with more people accessing mobile phones and internet. According to recent statistics[1], mobile phone usage stands at 118% with 40.8% of the population using the internet. This growth has been spiraled by greater investments that can be seen in the internet infrastructure space and affordable internet connectivity for citizens. As Kenya is moving more and more into the digital age it becomes crucial to discuss the realities and challenges that this new era brings.

One such reality is the dawn of Artificial Intelligence (AI) which has come to increase efficiency and productivity in various industries such as healthcare, education and finance by creating software that can simulate human intelligence and that are designed to think and work like humans.

With the budding use of AI, comes the need to create a legal and regulatory landscape that governs its use. This aligns with Roscoe Pound’s concept of “law as a tool of social engineering” that is endeared towards developing law that meets the societal changes and technological advancements. In that vein, international and regional bodies as well as several countries have begun drafting legal frameworks that are aimed at regulating the use of AI in today’s world.

Africa is catching up and in 2024, the African Union (AU) published the African Union Artificial Intelligence (AI) Continental Strategy (the AU AI Strategy). The AU AI Strategy calls on member states to treat AI as a national priority through developing their own strategies, encouraging public private partnerships and developing a regulatory framework that supports innovation. It further highlights the potential for AI growth in Africa, with a recent study claiming that revenue generated from AI is set to boost $15.7 trillion dollars to the  global economy by 2030[EO1] [MMC2] , amounting to more than the output of both India and China.[2]

Since the introduction of the AU AI strategy countries such as Ghana, Ethiopia and Rwanda have made strides to develop their own AI strategies aimed at meeting the needs of AI within their countries. Kenya has also followed suit and on 27^th March 2025, the Government through the Ministry of ICT and Digital Economy launched the Kenya Artificial Intelligence (AI) Strategy (2025-2030) (the “Kenya AI Strategy”).

This Article aims to highlight the key features of the Kenya AI Strategy as well as the regulatory goals envisaged in it.

• An Overview of AI

AI refers to machines or software that can do tasks that typically require human intelligence like learning, solving problems or making decisions.

The Kenya AI Strategy highlights that AI has helped create a more efficient and automated landscape for workers. Examples of the use of AI in Kenya can be found within the financial and telecommunication sector as well as the educational sector. In the financial and telecommunications sector locally developed AI tools are used to detect fraudulent activities, improve customer experience, and enhance operational efficiency. In education, institutions have developed AI related courses to help STEM students access career opportunities.

There are also ongoing research and development efforts in healthcare and agriculture. In healthcare, researchers are working on AI-powered machines that can help analyze medical images. In agriculture, AI is being studied to help detect crop diseases and support farmers.

With all the benefits that AI brings to Kenya it’s clear that AI has the potential to transform the country for the better. However, there is a need to foster an enabling environment for AI innovation to be encouraged, whilst also safeguarding the citizens from the negative effects of AI.

• Disadvantages of AI in Kenya

Despite the promise of AI, it also comes with risks.

One major risk comes with inbuilt bias.  Bias in AI happens when the data used to train AI systems leaves out certain people or reflects harmful stereotypes. For example, a voice recognition app might only understand certain accents, making it harder for others to use. This is often because the people developing technology fail to include data representing different communities during system development. The AU and Kenya AI Strategies both point out that marginalized communities are often left out of these systems for this reason, which could increase technological inequality.

Moreover, AI systems can be said to discriminate against people on the basis of race, gender, tribe, age, disability, or ethnicity. If this happens intentionally, it contravenes Article 27 of the Constitution of Kenya, which protects against all forms of discrimination.

Lastly, the misuse and data security breaches associated with AI come with the concern that AI technologies take up a lot of data and as a result there is a risk that the data may be misused by the data controllers and processors  handling the information or be manipulated by hackers who may in turn sell unauthorized data to marketing companies.

• The Focus of the Kenya AI Strategy

The vision of the Kenya AI Strategy is to position Kenya as a regional leader in AI research, development, innovation, and commercialization by:

1. leveraging local talent, datasets, and creativity to transform key sectors;
2. upholding ethical and responsible AI through clear, inclusive guidelines;
3. prioritizing data sovereignty and ethical practices; and
4. collaborating with local and international stakeholders to adopt best practices that ensure a secure and globally competitive AI ecosystem.

The key theme of the Strategy is data sovereignty. The Government intends to dictate the control of data, instead of relying on foreign rules or systems. To do this, the Government recognizes the need for development of new laws and policies that allow AI to grow while also protecting its citizens from harm.

• What are the regulatory reforms articulated in the Kenya AI Strategy? 

The Kenya AI Strategy highlights the importance of ensuring that AI is developed safely in Kenya and recognizes that strong regulations are key to achieving this. While it acknowledges that existing laws offer some protection against AI-related issues, it also points out that the current legal framework is insufficient in addressing the challenges of today’s AI landscape.

It is therefore of no surprise that one of the goals of the strategy is the establishment of a legal framework for AI. The Strategy gives the following requirements to achieve this objective:

The Strategy tasks the Parliament with the role of creating and reforming laws that strike a balance between creating an AI environment that fosters safe innovation. Borrowing from the AU AI Strategy, Parliament should consider the following areas in formulating the laws: data protection, cybersecurity, consumer rights, intellectual property and whistleblowing policies.

While Kenya has some of these regulations in place such as the Data Protection Act, Consumer Protection Act, Kenya Information and Communications Act (KICA and KICA (Consumer Protection) Regulations, 2010, there is need for the existing laws to be reviewed to ensure that the country is up to par with the existing AI environment.

To give the laws a more cutting-edge standard, the Kenya AI Strategy encourages national and international collaboration to achieve this goal. Nationally, the Strategy calls for collaboration between AI experts, legal professionals, and Parliament to review and enact laws that support responsible AI development. Internationally, it encourages regional and global cooperation to align AI standards and best practices.

• What should be regulated?

While the Kenya AI Strategy emphasizes the need to review existing laws, it does not clearly define what aspects of AI are to be regulated.

In this respect Kenya is well-placed to learn from jurisdictions that have already enacted comprehensive AI laws, such as the European Union’s Artificial Intelligence Act and South Korea’s Basic Act on the Development of Artificial Intelligence and Creation of a Trust Base. Both laws take a risk-based approach, categorizing AI systems based on their potential harm to human rights, safety, and general well-being. Each risk category is then subject to specific regulatory measures to ensure public protection while enabling innovation.

These frameworks provide clear, AI-specific regulatory guidance within their jurisdictions, something Kenya currently lacks. As the national AI strategy aims to review and develop appropriate regulations and policies, it would be beneficial for Kenya to introduce an AI Act that adopts a similar risk-based model. Such legislation would not only clarify regulatory expectations but also promote responsible AI development and align Kenya with global best practices.

Conclusion

In a nutshell, the Kenya AI Strategy is a bold step towards creation of a legal environment for AI regulation. With the launch of the Strategy comes hope and excitement for a balanced legal regime that allows for innovation whilst also protecting citizens.

However, the real challenge lies in the actualization of the goals set forth and the taking on of the reforms and collaborations spoken of to achieve the goal of Kenya being a regional leader in AI research, development, innovation and commercialization.

[1] https://www.pwc.com/gx/en/issues/artificial-intelligence/publications/artificial-intelligence-study.html

[2] Ibid.