Kenya could soon establish an Office of the Artificial Intelligence Commissioner if the Artificial Intelligence Bill, 2026, currently before the Senate, is passed into law.
The proposed legislation, tabled by nominated Senator Karen Nyamu, seeks to create a regulatory framework for the fast-growing adoption of artificial intelligence (AI) technologies across the country.
Oversight and Regulation of AI
The Bill proposes the creation of an independent AI commissioner’s office responsible for overseeing the development, deployment and governance of AI systems. The commissioner would be appointed by President William Ruto following a recruitment process conducted by the Public Service Commission of Kenya.
The office would be funded through public resources, with allocations approved by the National Assembly. Provisions are also included for removal of the commissioner in cases of misconduct or incapacity, either through executive action or a complaint lodged by a citizen and reviewed by the PSC.
Mandate of the AI Commissioner
If enacted, the AI commissioner would be tasked with:
- Conducting audits and risk assessments of AI systems
- Ensuring compliance with ethical and legal standards
- Developing policies, guidelines and codes of practice
- Promoting responsible use and deployment of AI
- Managing regulatory sandboxes for controlled AI testing
- Investigating complaints related to AI systems
- Advising national and county governments on AI policy
- Promoting AI literacy and capacity building
The office would also maintain a public register of high-risk AI systems and ensure equitable access to emerging technologies.
Additionally, the commissioner would have enforcement powers, including inspecting AI systems, demanding records, issuing compliance notices, imposing penalties and summoning individuals to provide evidence.
Advisory Committee on AI
The Bill further proposes the formation of an Advisory Committee on AI comprising key stakeholders, including representatives from the ICT ministry, the Office of the Data Protection Commissioner, the National Commission for Science, Technology and Innovation, private sector players and the Council of Governors.
The committee, appointed for a three-year term, would advise the commissioner, facilitate stakeholder engagement and promote research and collaboration in AI governance.
Compliance Requirements and Penalties
Under the proposed law, developers and operators of high-risk AI systems would be required to:
- Conduct risk and impact assessments
- Retain system data for at least five years
- Comply with the Data Protection Act (2019)
- Clearly label AI-generated content
Non-compliance could attract significant penalties. Offences such as obstruction of the commissioner or violation of ethical standards could lead to fines of up to Ksh.1 million, imprisonment of up to six months, or both.
More serious breaches including failure to comply with regulatory requirements or unlawful deployment of high-risk AI systems could result in fines of up to Ksh.5 million, imprisonment of up to two years, or both.
Growing AI Adoption in Kenya
The Bill comes amid rising AI adoption in Kenya. A January 2026 report by Microsoft’s AI Economy Institute placed the country’s AI usage rate at 8.1 per cent, higher than many of its East African peers.
The government has already taken steps toward formalising AI governance. In March 2025, Kenya launched a five-year national AI strategy aimed at positioning the country as a continental leader in AI innovation, with an estimated implementation cost of Ksh.152 billion by 2030.
ICT Cabinet Secretary William Kabogo has previously indicated that legislation would be critical in providing a structured framework for funding, regulation and ethical deployment of AI technologies.
Policy Context
The proposed law aligns with broader efforts by the ICT ministry to develop a national policy on AI and emerging technologies. Stakeholders from government, academia, civil society and the private sector have been engaged in drafting the framework, with public participation ongoing.
Outlook
If passed by the Senate and assented to by the President, the Artificial Intelligence Bill, 2026, would mark a significant milestone in Kenya’s digital governance landscape placing the country among a growing number of nations establishing formal regulatory institutions for AI.
