Gerald Kyalo. (geraldbway).
Kenya is on the verge of establishing an Office of the Artificial Intelligence Commissioner, pending the adoption of a bill currently at the Senate. The Artificial Intelligence Bill, 2026, sponsored by nominated Senator Karen Nyamu, aims to create an independent office responsible for overseeing and regulating the emerging technology.
The proposed office will be headed by a commissioner appointed by the President, following a recruitment process conducted by the Public Service Commission (PSC). The commissioner will be responsible for developing ethical guidelines, classifying AI systems based on risk, and issuing enforcement notices.
The bill also proposes the establishment of an Advisory Committee on AI, comprising representatives from the ICT ministry, the Office of the Data Protection Commissioner, and the National Commission for Science, Technology and Innovation, among others.
*Key Provisions of the Bill*
- The office will be funded by taxpayers, with a budget allocation made by the National Assembly.
- The commissioner can be removed from office by the Head of State or the Cabinet Secretary in charge of ICT if found to have violated statutory laws or incapacitated.
- A Kenyan citizen can seek the commissioner's removal by presenting a complaint to the PSC, which will conduct investigations and make recommendations to the CS.
- The bill proposes penalties of up to Sh5 million fine or a jail term not exceeding two years, or both, for non-compliance.
*Kenya's AI Adoption on the Rise*
Kenya's adoption of AI has been on an upward trajectory, with a January 2026 report by Microsoft's AI Economy Institute ranking the country's usage of AI at 8.1 per cent. This is higher than its East African neighbours, indicating a growing need for regulation and oversight.
*Rationale Behind the Bill*
The bill aims to address concerns around AI's potential misuse, including privacy breaches, AI-powered fake technology algorithms, algorithmic discrimination, and job displacement. The proposed office will provide a framework for responsible AI development and deployment, ensuring that Kenyans benefit from the technology while minimizing risks.
*Global Context*
Kenya's move to regulate AI aligns with global trends, as countries seek to balance innovation with safety and accountability. 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 serve as examples of regulatory frameworks that Kenya can draw inspiration from.
The proposed office will be headed by a commissioner appointed by the President, following a recruitment process conducted by the Public Service Commission (PSC). The commissioner will be responsible for developing ethical guidelines, classifying AI systems based on risk, and issuing enforcement notices.
The bill also proposes the establishment of an Advisory Committee on AI, comprising representatives from the ICT ministry, the Office of the Data Protection Commissioner, and the National Commission for Science, Technology and Innovation, among others.
*Key Provisions of the Bill*
- The office will be funded by taxpayers, with a budget allocation made by the National Assembly.
- The commissioner can be removed from office by the Head of State or the Cabinet Secretary in charge of ICT if found to have violated statutory laws or incapacitated.
- A Kenyan citizen can seek the commissioner's removal by presenting a complaint to the PSC, which will conduct investigations and make recommendations to the CS.
- The bill proposes penalties of up to Sh5 million fine or a jail term not exceeding two years, or both, for non-compliance.
*Kenya's AI Adoption on the Rise*
Kenya's adoption of AI has been on an upward trajectory, with a January 2026 report by Microsoft's AI Economy Institute ranking the country's usage of AI at 8.1 per cent. This is higher than its East African neighbours, indicating a growing need for regulation and oversight.
*Rationale Behind the Bill*
The bill aims to address concerns around AI's potential misuse, including privacy breaches, AI-powered fake technology algorithms, algorithmic discrimination, and job displacement. The proposed office will provide a framework for responsible AI development and deployment, ensuring that Kenyans benefit from the technology while minimizing risks.
*Global Context*
Kenya's move to regulate AI aligns with global trends, as countries seek to balance innovation with safety and accountability. 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 serve as examples of regulatory frameworks that Kenya can draw inspiration from.
