Kenyan senators reject AI bill over harsh penalties and heavy rules

Kenya’s first attempt to pass a comprehensive artificial intelligence law has hit a wall. In October, the Senate’s Information, Communication and Technology Committee recommended that the Senate not proceed with the Artificial Intelligence Bill, 2026.

What the bill proposed

The bill, sponsored by nominated Senator Karen Nyamu and introduced in April, would have created a broad legal framework for developing and using AI. Key provisions included:

• An Office of the Artificial Intelligence Commissioner, with powers to investigate, audit and sanction.
• Fines of up to Sh5 million, prison terms of up to two years, or both, for serious offences.

Why the committee said no

The committee, chaired by Trans Nzoia Senator Allan Chesang, reviewed submissions from 143 stakeholders, including government agencies, tech companies and civil society groups. It concluded that the bill’s penalties were too harsh and its rules too heavy, and that it could hold back local innovation, Techweez reported.

Its concerns included:

• Harm to innovation. Heavy penalties could deter start-ups and investors and push developers abroad.
• Unfair burden on small developers, whose experimental work aims to widen access to technology.
• A “super regulator”. The new commissioner could overlap with the Data Protection Commissioner and the Communications Authority of Kenya.
• Cost, at a time of tight public finances.
• Gaps, including how to regulate foreign AI systems and general-purpose AI models, which Kenya mostly imports.

Microsoft Kenya proposed using existing regulators rather than a new office. Google and Safaricom raised concerns about the bill’s definitions and obligations.

What happens next

The committee recommended that the government first finalise a national AI policy. The Ministry of ICT told senators that the National Artificial Intelligence and Emerging Technologies Policy, 2026, is in its final stages. Kenya already has a National AI Strategy for 2025 to 2030.

The wider debate

Across Africa, governments are debating how to regulate AI without killing innovation. Some favour broad laws similar to the European Union’s AI Act. Others prefer guidelines, sector rules and existing regulators. Kenya’s decision suggests it will take the second, more cautious path for now.

What to watch

• The Senate’s vote on the committee’s report.
• Publication of the national AI policy.
• Whether a revised bill is introduced later.

Sources: The Star, 15 October 2026; Techweez, 16 October 2026; Parliament of Kenya bill digest; CIPIT, Strathmore University.

Top photo: Kenya’s Parliament Buildings in Nairobi (file photo). Photo: Jorge Láscar, Wikimedia Commons, CC BY-SA 2.0