Kerugoya, Kenya – Human rights activists have moved to the High Court in Kerugoya seeking urgent intervention to halt the deployment of what they describe as “high-risk artificial intelligence systems” in the country.
The petitioners argue that the rapid and largely unregulated use of AI technologies poses serious threats to fundamental rights and constitutional freedoms, raising alarm over privacy, equality, dignity, and fair administration.
The Petition
The case was filed by John Wangal, Peter Agoro, and Antony Manyara against the Cabinet Secretary for ICT and the Principal Secretary in the State Department for ICT. The petitioners are seeking conservatory orders restraining the respondents from deploying, authorising, or operationalising AI systems pending the hearing and determination of the petition.
Court papers state:
“Kenyans are experiencing and are imminently threatened with violation of the rights to privacy, equality, discrimination, dignity, fair administration, and unregulated AI deployment.”
The application was filed under Articles 22, 23, and 159 of the Constitution of Kenya, 2010, as well as the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013.
Concerns Raised
The petitioners argued that AI systems are being deployed without adequate legal, regulatory, or institutional safeguards, exposing citizens to imminent violations of rights including:
- Privacy and dignity
- Equality and non-discrimination
- Freedom of expression and political participation
- Labour rights and consumer protection
They also raised concerns about the 2027 General Elections, warning that unregulated AI could facilitate electoral manipulation through deepfakes, disinformation, algorithmic interference, and other threats to free and fair polls.
Additional risks highlighted include impacts on vulnerable populations, the education system, academic integrity, intellectual property rights of Kenyan creators, and labour markets.
Court’s Ruling
High Court Judge Edward M. Muriithi declined to grant the interim relief sought by the petitioners. While the court certified the application as urgent, it ruled that the request for a conservatory order restraining the respondents from deploying AI systems could not be granted at the ex parte stage, citing the wide-reaching nature of the relief.
The court directed that the application be served on the respondents for a full hearing on February 19, 2026, allowing both sides to present arguments before any conservatory orders are issued.
Conclusion
The case underscores growing concerns about the governance of artificial intelligence in Kenya. As AI technologies expand rapidly across sectors, the petition highlights the urgent need for regulatory frameworks that balance innovation with the protection of constitutional rights. The upcoming hearing will be closely watched as a test of how Kenya navigates the intersection of technology, law, and human rights.
