Kenya is set to establish its first dedicated artificial intelligence (AI) regulator under sweeping new legislation introduced in the Senate, granting a single presidential appointee broad powers to audit, probe, and enforce compliance across the country's AI sector.
The AI Bill, 2026, sponsored by nominated senator Karen Nyamu, proposes the office of the AI commissioner, a position to be appointed by the President and confirmed by Parliament, with the authority to compel testimony, access records, and inspect AI systems in both the public and private sectors.
The Bill comes as governments around the world are rushing to regulate AI adoption.
Kenya's model is peculiar for its degree of centralisation, with monitoring authority concentrated in a single executive-linked office rather than distributed across multiple agencies.
Under the suggested framework, AI systems used in healthcare, finance, and law enforcement would be designated as "high-risk," necessitating mandatory registration and human oversight.
Critics argue that the classification system gives regulators broad discretion, with a "high-risk" designation serving as an immediate compliance trigger that might limit a product's path to market.
The new office would operate alongside the office of the data protection commissioner and the National Commission for Science, Technology and Innovation, adding a third regulatory layer for organisations already navigating Kenya's data protection regime.
Violations under the Bill carry penalties of up to KSh 5 million (approximately $38,600), two years imprisonment, or both.
The Bill prohibits the generation and distribution of deepfakes, AI-generated synthetic media using a person's likeness without consent.
The provision comes as Kenya approaches its 2027 general elections, with concerns over AI-driven political disinformation on the rise ahead of the polls.
The Bill is expected to undergo further public scrutiny before proceeding to a Senate vote.
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