Kenyan activists sue government over AI system deployment

Human rights activists in Kenya have filed a petition with the High Court in Kerugoya seeking to prevent the deployment of artificial intelligence systems. The petition argues that the current, largely unregulated use of AI poses a threat to fundamental rights and constitutional freedoms.

The case was initiated by John Wangal, Peter Agoro, and Antony Manyara, who are seeking orders to restrain government officials from deploying, authorizing, or operationalizing AI systems.

Legal Basis of the Petition

The petitioners’ 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. Court documents state that Kenyans are experiencing and are threatened with violations of rights including privacy, equality, dignity, fair administration, and freedom of expression due to unregulated AI deployment.

Concerns Regarding AI Deployment

The petitioners expressed concerns about the deployment of AI systems without adequate legal, regulatory, or institutional safeguards. They argue this 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 potential for electoral manipulation in the 2027 general elections, citing risks such as deepfakes, disinformation, and algorithmic interference. Reports of technology being used for electoral manipulation in other African countries were also referenced.

Impact on Various Sectors

The petition also highlighted potential risks to vulnerable populations, consumers, the education system, academic integrity, intellectual property rights of Kenyan creators, and labor markets resulting from rapid AI deployment without sufficient safeguards.

Court Ruling

High Court Judge Edward M. Muriithi declined to grant the petitioners’ request for an interim order restraining the deployment of AI systems. While the court certified the application as urgent, it stated that granting the conservatory order at this stage was not appropriate due to the broad scope of the requested relief. The court has scheduled a full hearing for February 19, 2026, to allow both sides to present their arguments.