The recent "AI Policy Dialogue: Kenya's Artificial Intelligence Bill, 2026" webinar, hosted by Lawyers Hub, brought together legal professionals, tech developers, policymakers, and academics to examine the newly proposed Senate legislation. Rather than a standard overview, the session evolved into a rigorous and highly critical debate regarding the trajectory of AI regulation in Kenya, with panelists raising significant concerns about the bill's current form.
The "Copy-Paste" Debate A central theme of the discussion was whether the proposed bill relies too heavily on foreign regulatory frameworks, specifically the European Union's AI Act. Several speakers expressed concern that importing first-world regulations into a developing tech ecosystem might overlook local economic realities and infrastructure. Lawyers Hub Founder & CEO, Linda Bonyo highlighted this tension, stating, "Kenya needs to stop copying regulations because they want to look like the EU. We do not have that particular budget and that needs to stop."
Debating the AI Commissioner The bill proposes the establishment of an Office of the Artificial Intelligence Commissioner. While intended to provide dedicated oversight, the panel widely questioned the necessity of this new office. Critics argued that existing bodies—such as the Data Protection Commissioner, the Communications Authority, and the Competition Authority—already hold mandates that cover digital and tech policy.
Panelists expressed concern over the potential for bureaucratic bloat and the financial burden of a new commission. Linda Bonyo added, "We also need to think about do we really need an AI commissioner with new cars, new office, new budget. Can we afford it?"
Regulatory Sandboxes & Penalty Structures The bill's approach to risk and compliance also drew scrutiny. While the introduction of risk-based classifications aligns with global trends, panelists were concerned that leaving the definition of "unacceptable risk" to future Cabinet Secretary guidelines creates regulatory uncertainty. Similarly, while regulatory sandboxes are designed to foster innovation, some experts warned they must be carefully managed to avoid becoming tools for executive gatekeeping.
The proposed compliance penalties were another major talking point. The bill outlines a flat criminal penalty of 5 million KES or 2 years in prison for violations. Panelists noted that while this amount could be devastating for a local startup, it might not serve as an effective deterrent for massive multinational tech companies. The panel suggested exploring turnover-based penalties (e.g., 7% of global turnover) as an alternative for more equitable accountability.
Policy vs. Law: The Sequencing Question A recurring question from both the panel and the audience was the timing of the legislation. Many stakeholders argued that passing an overarching law before the Ministry of ICT completes the foundational National AI Policy Framework might be premature.
Next Steps for the Ecosystem The dialogue underscored the importance of active public participation in shaping Kenya's digital future. Whether stakeholders support the bill's swift passage or advocate for heavy revisions, the legal and tech communities are encouraged to read the proposed legislation, submit public comments, engage with parliamentary committees, and participate in the ongoing development of the National AI Policy Framework.
