Kenya Must Update its Regulatory Frameworks to Keep Pace with AI

Bulelani Jili is a Meta Research Ph.D. fellow at Harvard University. Abstract line drawing of Kenya. Shutterstock Kenya’s existing regulatory instruments are insufficient to address the emerging challenges brought by the adoption of AI systems. Accordingly, the speed of both the development and adoption of AI may outpace Kenya’s current regulatory frameworks. Fixing this does not necessarily require new legislation, but it will require more detailed analysis and assessments by government authorities of how existing laws could apply to AI-related issues. All stakeholders, including private firms and government officials, should work with the Kenyan government to design a balanced and effective legal and regulatory framework that addresses human rights concerns and protects civil liberties, while still supporting innovation. Overview of applicable laws      Like most countries, Kenya does not have a stand-alone national AI strategy or regulatory framework. Kenya relies on several existing laws to address issues related to AI and digital technologies. These laws include the Data Protection Act (DPA) of 2019, which confers a framework for data protection in Kenya. The DPA is foundational, given that some AI systems rely on collecting and processing large amounts of personal data. For example, Section 35 of the DPA defines automated decision-making as the “ability to make decisions by technological means without human involvement.”  It also explains consumers’ rights to refuse to be subjected to harm caused by automated decisions.  Several other provisions in the DPA also seek to safeguard individuals against potentially harmful data processing practices and uses, such as Section 30 (1),…Kenya Must Update its Regulatory Frameworks to Keep Pace with AI