A recruitment tool screens out candidates. A chatbot gives a customer wrong information. A model trains on personal data gathered from the web. Kenyan businesses are already using such systems , and asking who answers when they cause loss.
Is there an AI law in Kenya?
Kenya does not yet have a standalone statute dedicated to artificial intelligence, and policy discussions at drafting stage continue. Existing law applies in the meantime: the Data Protection Act 2019 governs the automated processing of personal data, the Computer Misuse and Cybercrimes Act 2018 addresses unauthorised access to and interference with systems, and the Law of Contract Act (Cap 23) frames the commercial arrangements under which AI tools are licensed and deployed.
Who might be liable when an AI system causes harm?
The allocation of responsibility is still forming. Depending on the facts, liability may fall on the developer, the deployer who put the tool into service, the professional user, or some combination, apportioned through contracts and general legal principles. Questions of negligence, misrepresentation and breach of contract will be worked out case by case, guided by the statutes above and by any guidance the Office of the Data Protection Commissioner issues on automated decision-making. The honest answer for now is that certainty will come from practice, not proclamation.
What should organisations using AI do now?
- Keep a meaningful human role in decisions affecting people’s livelihoods or rights.
- Document the data used to train or tune the system, and where it came from.
- Tell customers and employees clearly where they are interacting with AI.
- Allocate responsibilities with vendors in writing before deployment.
- Watch for guidance from the ODPC and for legislative developments.
Treat deployment as a governance question rather than a procurement one; the organisations that document their reasoning now will find questions easier to answer later , see our governance advisory services. Vendor and licence terms should be negotiated with liability in mind; our contract lawyers can assist. The statutes mentioned above can be read on Kenya Law.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.