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Kenya AI Regulation

In progress

Overview

The Artificial Intelligence Bill, 2026, was introduced in the Kenyan Senate by nominated Senator Karen Nyamu on 17 March 2026.
  • The Bill proposes the Office of the Artificial Intelligence Commissioner as primary regulator, a risk-based classification framework aligned with the EU AI Act, regulatory sandboxes, and penalties including fines of up to KES 5 million and imprisonment of up to two years for offences including deployment of prohibited systems and creation of harmful deepfakes without consent. No AI law has been enacted.

Key Sources

Kenya AI Strategy (Draft)View
Ministry of Information, Communications and the Digital EconomyView

This content is for informational and educational purposes only and does not constitute legal advice.

AI Regulation Timeline

  1. 31/12/2025
    announcement

    National AI Strategy 2025-2030 Implementation Roadmap was released

    On 31 December 2025, the Central Government announced the Kenya National AI Strategy 2025-2030 Implementation Roadmap to guide the national digital transformation agenda. The strategy outlines 5 strategic priorities aimed at establishing the country as a leading hub for artificial intelligence (AI) development in Africa by 2030. Key actions include building advanced digital infrastructure, such as intelligent data centres and 5G networks, and creating a secure national dataset and Large Language Model (LLM) ecosystem. The strategy prioritises the integration of AI into sectors including agriculture, healthcare, and public administration to enhance service delivery and socio-economic value. Additionally, the plan establishes a framework for agile governance, ethical oversight, and international collaboration to foster a sustainable and inclusive AI innovation ecosystem.

  2. 29/10/2025
    order

    Communications Authority's industry guidelines for child online protection and safety in Kenya enter into force

    On 29 October 2025, the Communications Authority of Kenya’s (CA) Industry Guidelines for Child Online Protection and Safety enter into force. The guidelines are founded on several principles, with a primary focus on safeguarding children’s rights to access information and ensuring the safe use of ICT products. They underscore the collective responsibility of all stakeholders in the internet ecosystem to promote child protection. Service providers are required to publish corporate policies aligning with child online protection objectives. This involves deploying age-verification mechanisms, enhancing default privacy settings, and committing to transparency in content management. Additionally, there is a call for the development of child-focused products and services, encouraging creative and educational engagement online. Furthermore, all ICT service providers must align with local and international laws against Child Sexual Abuse Material (CSAM) and maintain robust information security practices. The guidelines also outline specific responsibilities for broadcasters, application service providers, and hardware manufacturers to support these measures.

  3. 15/10/2025
    law

    President signed Computer Misuse and Cybercrimes (Amendment) Act, 2025 including content moderation regulation

    On 15 October 2025, the President of Kenya signed the Computer Misuse and Cybercrimes (Amendment) Act, 2025. The amendment modifies Section 6 of the principal Computer Misuse and Cybercrimes Act, granting the National Computer and Cybercrimes Coordination Committee (NC4) explicit authority to issue directives requiring the blocking of websites or applications within Kenya. Specifically, the Act gives courts the power to order the removal of digital content and the closing of computer systems in connection with a person who has been convicted of illegal activities, including child sexual abuse material, terrorism, or extreme religious and cultic practices. Further, authorised persons may apply to a court requesting a removal or deactivation order where they suspect that a computer system or website is used to promote such material. The Act also broadens the scope of cyber harassment to include conduct likely to cause suicide and extends the definition of phishing to cover fraudulent calls. The Act enters into force on 4 November 2025.

  4. 07/10/2025
    order

    Revenue Authority closed consultation on Draft Income Tax (Significant Economic Presence Tax) Regulations

    On 7 October 2025, the Revenue Authority (KRA), on behalf of the Cabinet Secretary for the National Treasury and Economic Planning, closed the consultation on the Draft Income Tax (Significant Economic Presence Tax) Regulations, 2025. Developed under Section 12E(6) of the Income Tax Act (Cap. 470) and the Statutory Instruments Act (Cap. 2A), the draft Regulations outline a taxation regime for non-resident persons deriving income in Kenya through internet-based or digital marketplace services. The framework defines taxable services to include downloadable digital content, subscription media, streaming, software, cloud computing, artificial intelligence, online education, and digital payments. It prescribes registration, filing, and remittance procedures under the Tax Procedures Act (Cap. 469B), setting taxable profit at 10% of gross turnover, taxed at 30%, as a final levy. The draft also regulates user location determination, tax representation, return amendment, and record keeping. It further introduces penalties and interest provisions under the Tax Procedures Act, transitional measures recognising entities registered under the Income Tax (Digital Service Tax) Regulations, 2020, and revokes the earlier Regulations (L.N. 207/2020). The consultation sought stakeholder submissions to inform the final version of the Regulations.

  5. 06/10/2025
    order

    Office of the Data Protection Commissioner closes consultation on accession to African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention)

    On 6 October 2025, the Office of the Data Protection Commissioner (ODPC) of Kenya closes stakeholder consultations on the country’s accession to the African Union Convention on Cyber Security and Personal Data Protection, also referred to as the Malabo Convention. The consultation began on 18 September 2025, following Cabinet approval and involved ministries, departments, and agencies, county governments, the private sector, academia, civil society, professional bodies, the media, and major data holders.

  6. 22/09/2025
    order

    Revenue Authority opened consultation on Draft Income Tax (Significant Economic Presence Tax) Regulations

    On 22 September 2025, the Revenue Authority (KRA), on behalf of the Cabinet Secretary for the National Treasury and Economic Planning, opened a consultation, until 7 October 2025, on the Draft Income Tax (Significant Economic Presence Tax) Regulations, 2025. The draft regulations, developed under Section 12E(6) of the Income Tax Act (Cap. 470) and the Statutory Instruments Act (Cap. 2A), establish the framework for applying significant economic presence tax to non-resident persons deriving income in Kenya from services delivered over the internet or electronic networks, including through digital marketplaces. They define taxable services such as digital content, streaming, subscription media, software, cloud computing, artificial intelligence, online education, data transmission, and digital payments. The draft introduces registration and compliance procedures under the Tax Procedures Act (Cap. 469B), deems taxable profit as 10% of gross turnover taxed at 30%, and specifies the tax as final. It also sets rules for determining user location, appointing tax representatives, filing returns, and maintaining records. Further, it includes penalties and interest under the Tax Procedures Act, transitional provisions for entities registered under the Income Tax (Digital Service Tax) Regulations, 2020, and revokes those Regulations (L.N. 207/2020).

  7. 18/09/2025
    order

    Office of the Data Protection Commissioner opened consultation on accession to African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention)

    On 18 September 2025, the Office of the Data Protection Commissioner (ODPC) of Kenya opened stakeholder consultations on the country’s accession to the African Union Convention on Cyber Security and Personal Data Protection, also referred to as the Malabo Convention, until 6 October 2025. The consultations followed the Cabinet’s approval and invited participation from ministries, departments and agencies, county governments, the private sector, academia, civil society, professional bodies, the media, and key data holders.

  8. 14/08/2025
    public lawsuit

    High Court issued judgment dismissing petition challenging constitutionality of betting-related taxes

    On 14 August 2025, the High Court delivered a judgment dismissing a petition challenging the enactment and implementation of the 12.5 % excise duty on the amount staked by persons participating in betting activities, alongside an existing 20% withholding tax on winnings, on grounds of alleged unconstitutionality, discrimination under Article 27 of the Constitution, and double taxation. The excise duty was established under Paragraph 4A of Part II of the First Schedule to the Excise Duty Act, 2015, as amended by the Finance Act, 2023. The Court held that the legislative process undertaken by the National Assembly complied with Article 95 of the Constitution, that excise duty on amounts staked and withholding tax on winnings are distinct levies, and that gross gaming revenue under section 29(a) of the Betting Lotteries and Gaming Act (Cap 131) is a separate tax imposed on betting companies. It therefore found no contravention of Article 2(4) of the Constitution and determined that the provisions were valid and enforceable.

  9. 11/06/2025
    announcement

    Motion on Formulation of Regulatory Framework on Artificial Intelligence was introduced in National Assembly

    On 11 June 2025, the National Assembly of Kenya considered a Motion on the Formulation of Regulatory Framework on Artificial Intelligence (AI). The Motion urged the Government, through the Ministry of Information, Communication and the Digital Economy, to establish a regulatory framework and ethical guidelines for the implementation of AI to ensure responsible deployment and prevent misuse. The Motion recognised Kenya’s position as fifth in Africa and ninetieth globally in readiness to adopt AI, as reported in the 2022 Government Artificial Intelligence Readiness Index, and cited the Oxford Insights Survey 2022, which placed Kenya’s readiness at 40.3%. It acknowledged AI’s application in healthcare, manufacturing, and robotics, and identified risks including privacy breaches, algorithmic discrimination, autonomous systems, economic inequality, and misinformation. The Motion further called for a national public awareness programme to promote understanding, transparency, and responsible use of AI across all sectors of society. The Motion was deferred due to the absence of the sponsor.

  10. 19/01/2025
    consultation closed

    Ministry of Information, Communications, and Technology closes consultation on draft National Artificial Intelligence Strategy 2025-2030

    On 19 January 2025, the Ministry of Information, Communications, and Technology closes its consultation on a draft of Kenya's National Artificial Intelligence (AI) Strategy 2025-2030, which outlines a vision to position Kenya as an AI hub in Africa. The strategy aims to drive sustainable development, economic growth, and social inclusion through tailored AI solutions addressing local challenges. It focuses on three pillars, namely AI digital infrastructure, sustainable data ecosystems, and AI research and innovation, supported by enablers such as governance, talent development, investments, and ethical AI practices. A participatory approach involving government, private sector, academia, civil society, and local communities underpins the strategy, emphasising collaboration, inclusivity, and phased implementation to ensure its transformative potential benefits all sectors of Kenyan society. In particular, the strategy specifies that the government intends to develop technical risk and safety frameworks to govern AI development and deployment and revise current legal and regulatory frameworks to meet the demands of AI.

  11. 14/01/2025
    consultation opened

    Ministry of Information, Communications, and Technology opened consultation on draft National Artificial Intelligence Strategy 2025-2030

    On 14 January 2025, the Ministry of Information, Communications, and Technology opened a consultation, set to close on 19 January 2025, on a draft of Kenya's National Artificial Intelligence (AI) Strategy 2025-2030, which outlines a vision to position Kenya as an AI hub in Africa. The strategy aims to drive sustainable development, economic growth, and social inclusion through tailored AI solutions addressing local challenges. It focuses on three pillars, namely AI digital infrastructure, sustainable data ecosystems, and AI research and innovation, supported by enablers such as governance, talent development, investments, and ethical AI practices. A participatory approach involving government, private sector, academia, civil society, and local communities underpins the strategy, emphasising collaboration, inclusivity, and phased implementation to ensure its transformative potential benefits all sectors of Kenyan society. In particular, the strategy specifies that the government intends to develop technical risk and safety frameworks to govern AI development and deployment and revise current legal and regulatory frameworks to meet the demands of AI.

Last updated: 31/12/2025