Artificial intelligence (AI) is no longer a technology of the future. It is transforming industries, improving productivity and creating new economic opportunities. For Kenya, the question is no longer whether to embrace AI, but whether its regulatory framework is ready to support local innovators.
Micro, Small and Medium Enterprises (MSMEs), the backbone of Kenya’s economy, are increasingly developing AI solutions. Yet many innovators face a major obstacle: the absence of a structured environment where they can safely test AI systems before commercial deployment. This uncertainty raises compliance costs, discourages investment and slows innovation.
A practical solution is the establishment of AI regulatory sandboxes. These are supervised environments where developers can test AI technologies under regulatory oversight before they enter the market. Sandboxes enable innovators to refine products while allowing regulators to identify risks and shape practical, evidence-based rules.
Globally, regulatory sandboxes are becoming central to AI governance. The European Union’s AI Act requires member states to establish AI sandboxes by August 2026, while the OECD encourages regulatory experimentation to promote responsible innovation. Kenya has introduced ICT regulatory sandboxes through the Communications Authority, but it lacks an AI-specific framework tailored to MSMEs.
The proposed Artificial Intelligence Bill offers an opportunity to fill this gap. It proposes AI regulatory sandboxes overseen by the Office of the AI Commissioner, with safeguards on ethics, transparency, accountability, data protection and risk management.
Such sandboxes would lower barriers to innovation by reducing regulatory uncertainty, attract investment and allow developers to test AI safely before public release. They would also help regulators craft smarter policies based on practical experience while strengthening public confidence in AI.
Kenya has built its reputation as Africa’s Silicon Savannah through innovation-friendly policies. To maintain that leadership, it must create regulatory frameworks that encourage innovation without compromising public trust. AI regulatory sandboxes offer a practical path to achieving that balance, supporting home-grown innovation while positioning Kenyan businesses to compete in the global AI economy.
The author is an advocate of the High Court of Kenya | AI Governance & Policy Advisor | Data Protection & Privacy Practitioner
