Setting the Stage
The Data Privacy and Governance Society of Kenya (DPGSK) hosted a webinar examining Kenya’s Draft Artificial Intelligence and Emerging Technologies Policy 2026, bringing together experts from academia, legal practice, technology and policy to discuss its implications for AI governance.
Opening the discussion, DPGSK Secretary Bomu welcomed participants and highlighted the Society’s commitment to fostering informed dialogue on emerging issues in data governance. She noted that the draft policy follows several previous national initiatives, including the Blockchain and Artificial Intelligence Taskforce Report, the National AI Strategy, and earlier legislative proposals, making it an important milestone in Kenya’s evolving AI governance journey.
Regulating AI Without Reinventing the Law
The discussion began by exploring whether Kenya requires entirely new AI legislation or whether existing legal frameworks can adequately regulate artificial intelligence.
Josephine Kairu of the Centre for Intellectual Property and Information Technology Law (CIPIT), Strathmore University, argued that Kenya already possesses a strong legal foundation for governing AI, particularly through the Constitution and existing laws such as the Data Protection Act. Rather than creating an entirely new legal regime, she advocated strengthening the implementation of existing protections while addressing emerging challenges such as automated decision-making, algorithmic bias and the protection of human rights.
Quincy Otieno echoed this position, cautioning against creating additional legislation that may quickly become outdated as technology evolves. Instead, he emphasized refining current regulatory frameworks and ensuring that policy, strategy and legislation operate cohesively rather than creating parallel governance structures.
Key Themes Emerging from the Draft Policy
The panel examined several pillars of the Draft AI and Emerging Technologies Policy, including governance structures, innovation, research, infrastructure, capacity building and ethical AI deployment.
Participants noted that the policy seeks to position Kenya as a regional leader in artificial intelligence by promoting innovation while encouraging responsible development and deployment of emerging technologies. The proposed governance framework introduces new institutional arrangements intended to coordinate AI development across government, academia, industry and civil society.
However, panelists questioned whether some of these new institutions duplicate existing mandates and whether additional governance structures could increase complexity rather than improve coordination.
Human Rights Must Remain Central
Throughout the discussion, speakers stressed that AI governance should remain firmly grounded in constitutional rights and democratic values.
Key concerns included algorithmic discrimination, automated decision-making, privacy, transparency and accountability. Josephine Kairo highlighted the importance of ensuring that AI systems do not reinforce existing inequalities, particularly for marginalized groups such as persons with disabilities whose experiences are often underrepresented in training datasets.
The panel also discussed the growing use of AI in employment and digital labour platforms, where automated systems increasingly influence recruitment, work allocation and performance management. Participants emphasized that such technologies require meaningful human oversight and appropriate legal safeguards.
Addressing Policy Overlaps and Institutional Fragmentation
One of the strongest themes emerging from the webinar was the need to harmonize Kenya’s growing number of digital governance policies.
Panelists observed significant overlaps between the Draft AI and Emerging Technologies Policy and the Draft National Data Governance Policy, particularly regarding data governance, classification frameworks and institutional mandates. While both policies pursue complementary objectives, participants cautioned that overlapping responsibilities could create confusion during implementation if not carefully aligned.
Speakers encouraged policymakers to consolidate related functions and clearly define institutional responsibilities before finalizing the policy.
Practical Challenges to Implementation
From a technology and industry perspective, Ben Wanjohi emphasized that successful AI governance depends not only on well-written policies but also on practical implementation.
He encouraged practitioners to contribute real-world experience during the public participation process, ensuring that the policy reflects operational realities. The discussion also highlighted the importance of investing in digital infrastructure, data centres, computing capacity and digital literacy to support Kenya’s AI ambitions.
Participants further noted the growing challenge of AI-generated content and misinformation, suggesting that transparency mechanisms—such as labelling AI-generated media—could help strengthen public trust while reducing the spread of deceptive content.
Public Participation and the Way Forward
The webinar concluded with a call for stakeholders to actively participate in the ongoing public consultation process for the Draft AI and Emerging Technologies Policy 2026.
Panelists encouraged legal practitioners, technologists, researchers, businesses and civil society organizations to submit evidence-based recommendations that strengthen the policy while ensuring it remains practical, rights-respecting and innovation-friendly.
Looking Ahead
The discussion demonstrated broad support for Kenya’s ambition to become a regional leader in artificial intelligence while underscoring the importance of getting governance right. Rather than regulating AI through entirely new legal frameworks, the panel largely favoured strengthening existing laws, improving institutional coordination and embedding human rights, accountability and transparency into every stage of AI development and deployment.
As Kenya moves toward finalizing its AI policy, continued collaboration between government, industry, academia and civil society will be essential to building an AI ecosystem that fosters innovation while protecting the rights and interests of all citizens.