Kenyan activists challenge AI deployment in court

Human rights activists have initiated legal action in Kerugoya High Court, seeking to temporarily halt the implementation of artificial intelligence (AI) systems in Kenya. The petition raises concerns about potential infringements on fundamental rights and constitutional freedoms resulting from the rapid adoption of AI technologies.

The petition, filed by John Wangal, Peter Agoro, and Antony Manyara, names the cabinet secretary for information and communications technology and the principal secretary in the State Department for ICT as respondents. The applicants are requesting a court order to prevent the deployment, authorization, or operation of AI systems until the petition can be fully heard and decided.

Constitutional Concerns

The petitioners assert that Kenyans are currently experiencing, or face imminent threats of, violations of constitutional rights. These include rights to privacy, equality, dignity, freedom from discrimination, and fair administrative action, attributed to the unregulated deployment of AI. The application is based on Articles 22, 23, and 159 of the Constitution of Kenya, 2010, and the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013.

The petition highlights a lack of adequate legal, regulatory, and institutional safeguards surrounding AI systems. This, according to the petitioners, exposes citizens to potential violations of various rights, encompassing freedom of expression, political participation, labor rights, and consumer protection.

Electoral Process and Vulnerable Groups

Concerns were also raised regarding the potential impact of unregulated AI on the 2027 general elections. The petition warns of possible manipulation of electoral processes through methods such as deepfakes, disinformation, and algorithmic interference, which could compromise the fairness of the elections.

The petition further identifies risks to vulnerable groups, consumers, the education system, academic integrity, intellectual property rights of Kenyan creators, and labor markets. The applicants argue that rapid AI adoption without proper safeguards could lead to widespread harm across these sectors.

Court Ruling

High Court Judge Edward M. Muriithi declined to grant the petitioners’ request for interim relief. While the court certified the application as urgent, it determined that granting conservatory orders at this stage would be premature due to the broad scope of the requested restrictions.

The court has directed that the application be formally served on the respondents, with a full hearing scheduled for February 19, 2026. This will allow all parties to present their arguments before the court considers any conservatory orders.