Julians Amboko@AmbokoJH
There's an Artificial Intelligence Bill 2026 sponsored by Senator Karen Nyamu.
What are we seeing here?
· It proposes establishment of the Office of the Artificial Intelligence Commissioner who will be nominated by the President & approved by Parliament
· The Commissioner of Artificial Intelligence will have powers to:
1. Enter premises & inspect artificial intelligence
systems, records or data upon reasonable notice
2. Require the production of records, documents or
information relating to artificial intelligence
systems
3. Issue enforcement notices, orders or directives to
ensure compliance
4. Impose administrative fines for non-compliance as
prescribed by regulations
5. Summon persons to give evidence or produce
documents
6. Classify artificial intelligence systems according to the level of risk they pose to health, safety, fundamental rights, the environment or societal welfare. A system classified as unacceptable risk is
prohibited in Kenya
7. Prescribe guidelines on risk management, security
protocols, bias detection, & ethical standards for high-risk artificial intelligence systems
8. Develop & publish ethical guidelines for the development, deployment & use of artificial intelligence systems
· The Commissioner of Artificial Intelligence will hold office for a term of five years & will be eligible for
re-appointment for one further term of five years
· The Artificial Intelligence Commissioner may
be removed from office by the President on the
recommendation by the Cabinet Secretary on account of serious violation of the Constitution or any other
law
· Among the duties of the Artificial Intelligence Commissioner will be:
1. Conduct risk assessments of artificial intelligence
systems
2. Perform conformity audits & post-market
surveillance of artificial intelligence systems
3. Assess high-risk artificial intelligence systems to
ensure compliance with ethical standards & risk
mitigation requirements
4. Develop policies, guidelines, codes of practice
& standards on artificial intelligence
governance, ethics, safety, risk classification &
responsible deployment in consultation with the
relevant agencies and the public
5. Promote responsible development, deployment
& use of artificial intelligence systems in
Kenya
6. Establish & manage regulatory sandboxes to
facilitate safe innovation, testing and piloting of
artificial intelligence while mitigating risks and
promoting local solutions
7. Receive & investigate complaints relating to
artificial intelligence systems, including harms
such as bias, discrimination or infringement of
rights
8. Maintain a public register of high-risk artificial
intelligence systems, including those used by
county governments
· The bill proposes establishment of an Advisory Committee on Artificial Intelligence comprising:
1. The Artificial Intelligence Commissioner
2. A representative of the Cabinet Secretary ICT
3. A representative of the Office of the Data Protection Commissioner
4. A representative of the National Commission for
Science, Technology & Innovation
5. Two persons with expertise in artificial intelligence ethics and human rights, nominated by relevant professional bodies
6. Two persons, being one man & one woman,
nominated by the Council of Governors
7. One person representing the private sector
8. One person representing civil society organizations
· The bill stipulates that a provider of a high-risk artificial intelligence system shall submit annual compliance reports to the Artificial Intelligence Commissioner, and non-confidential information from the reports shall be made available to the
public
· A person who fails to comply with the Artificial Intelligence Act shall be subjected to a fine not exceeding Kes 5.0 Million or to imprisonment for a term not exceeding 2 years, or to both; and
