Kenya Senate Considers AI Bill on Deepfakes and Regulation

Kenya’s Senate is currently debating the Artificial Intelligence Bill, 2026. The proposed law aims to regulate artificial intelligence within the country, criminalize the misuse of AI-generated content, and establish a national regulatory body.

The legislation follows a recent High Court of Kenya order issued on February 6, responding to a petition that highlighted the potential threat to fundamental rights, including privacy and equality, due to the lack of safeguards for high-risk AI systems.

Establishment of a National Regulator

The bill proposes the creation of an Office of the Artificial Intelligence Commissioner. This office would serve as the national authority responsible for regulating AI and ensuring compliance with the law. The commissioner would have the authority to investigate complaints, impose penalties, and require modifications to algorithmic functions.

Criminalization of AI Misuse

The Artificial Intelligence Bill introduces criminal liability for the generation or distribution of AI content using another person’s image, voice, or likeness without consent. This applies when such content results in misinformation, harm, defamation, or privacy violations. Convictions could result in fines of up to 5 million Kenyan shillings, a two-year prison sentence, or both. Similar penalties apply to the creation of misleading or harmful content using AI more broadly.

Consent and Disclosure Requirements

Technology providers creating tools capable of manipulating voices, images, or likenesses would be required to obtain explicit consent from individuals before utilizing such material. Content produced through these systems must be clearly labeled as AI-generated, extending to political campaigns to prevent the dissemination of fabricated content.

Protection from Automated Decision-Making

The bill establishes protections for individuals affected by automated decision-making processes. Citizens would have the right to request human review of automated decisions, express their views, and challenge outcomes produced by AI systems in areas such as employment screening, loan approvals, welfare support, and insurance assessments.

Transparency and Algorithmic Explanation

Companies deploying AI systems would be required to provide clear explanations of how the technology operates, including its purpose, limitations, and the degree of automation involved. Disclosure of measures taken to address bias is also mandated, with penalties of up to 1 million shillings for non-compliance.

Risk-Based Classification System

The bill proposes a four-tier classification system for AI technologies based on risk level. High-risk systems, including those used in healthcare, education, agriculture, finance, security, employment, and public administration, would be subject to stricter regulations and oversight. The commissioner would maintain a public register of all high-risk AI systems in operation, including those used by county governments.

Advisory Committee and Regulatory Sandboxes

Additional provisions include the creation of an Advisory Committee composed of representatives from the Data Protection Commissioner’s office, the National Commission for Science, Technology and Innovation, and the Council of Governors. The bill also establishes regulatory sandboxes, allowing innovators to test new AI technologies under supervised conditions.