Kenya AI rollout challenged in court over rights
Written by Black Hot Fire Network Team on February 5, 2026
A group of activists has petitioned the High Court seeking intervention to prevent the rollout of artificial intelligence (AI) technologies they deem high-risk. The activists allege these technologies could violate constitutional rights.
The petition, filed at the Kerugoya High Court, names John Wangal, Peter Agoro, and Antony Manyara as petitioners. They express concern that the rapid deployment of AI without adequate safeguards threatens privacy, equality, freedom of expression, and other fundamental freedoms.
Legal Action and Concerns
The petitioners are seeking conservatory orders restraining the ICT Cabinet Secretary and the Principal Secretary in the State Department for ICT from deploying, authorizing, or operationalizing AI systems. This request is pending the hearing and determination of the petition, which cites Articles 22, 23, and 159 of the Constitution of Kenya, 2010, and related practice rules. The petitioners argue that unregulated AI deployment exposes citizens to potential violations of privacy, equality, dignity, freedom of expression, fair administrative action, political participation, labor rights, and consumer protection.
Specific concerns were raised regarding the upcoming 2027 general elections, with the activists warning of potential electoral manipulation through deepfakes, disinformation, and algorithmic interference. They also highlighted risks to vulnerable populations, consumers, the education system, academic integrity, intellectual property rights of Kenyan creators, and labor markets.
Court Ruling and Next Steps
High Court Judge Edward Muriithi declined to grant the interim relief sought by the petitioners. While the court certified the application as urgent, it ruled that a conservatory order preventing AI deployment could not be issued at the ex parte stage due to the broad nature of the relief sought. The court has directed that the application be formally served on the respondents and has scheduled a full hearing for February 19, 2026.
Kenya’s AI Infrastructure Gap
The petition comes as Kenya faces challenges in developing the infrastructure needed to support AI. The country currently has only two AI-capable data centers, compared to South Africa’s five, indicating a growing technological gap.
Data Centre Map, a global data center directory, shows South Africa leads the continent with 60 data centers, followed by Nigeria with 22 and Kenya with 19. However, most of these lack AI capabilities. South Africa has five AI-ready centers, while Nigeria has one. Fifteen of Kenya’s 19 data centers, primarily light-duty, are located in Nairobi.
Challenges in the AI Economy
Experts warn that Africa is falling behind in the global AI economy due to insufficient digital infrastructure, including high-speed fiber-optic connectivity and the heavy-duty data centers required to process large datasets. The reliance on overseas cloud regions raises concerns that African nations may become primarily consumers rather than producers of AI technologies.
Globally, there are 10,793 data centers listed across 174 countries. The United States hosts nearly 40 percent, followed by the UK with 498 and Germany with 470. Countries with deep capital markets and established hyperscale cloud ecosystems are dominating the AI infrastructure race, controlling both software and hardware.
