30 Jul The Rise of AI Legislation in Africa: Kenya in Focus

Authors: Wendy Kuyoh, Laura Senatore, Lorenzo Covello

Background

Artificial Intelligence (AI)-based technology has become part of daily life, from the use of social media platforms integrated with AI solutions to the deployment of chatbots, for example, in customer service management. Similarly, organizations are increasingly adopting AI technologies to reduce costs and enhance the efficiency of their operations and products. Over the years, Africa has experienced a shift in the sophistication, scope, and ambition of AI-related initiatives.[i] This is evidenced by a report published by UNESCO in 2021 which highlighted that, at the time, 18 out of 32 African countries had ongoing national initiatives to guide the development of AI.[ii] This article provides an overview of the status of the African response towards the regulation of AI, with an in depth focus on legislative efforts in Kenya.

African approach to the regulation of Artificial Intelligence

Africa’s AI ecosystem is rapidly evolving, with quite a few countries taking measures to facilitate AI innovation, research, and adoption. The use of AI technologies across the continent has led to the urgent need for AI regulation. This has been evidenced by the foundational building blocks of AI governance structures through the development of country specific National AI strategies[iii] which followed the development of a wider level, the African Union Continental AI Strategy (AU AI Strategy) in 2024.[iv] The AU AI Strategy highlights the need for developing robust data infrastructure and facilitating cross-border data flows by addressing legislative landscapes across African countries, among other things.

The country-specific AI strategies have acknowledged the possible significant risks on the use of AI, e.g., biases and security vulnerabilities among others, and have emphasized the development of adequate ethical governance and risk mitigation mechanisms to ensure responsible AI development. For example, Rwanda’s AI National Policy[v]  includes governance models such as ethical oversight committees and thorough risk assessment mechanisms in order for the development of AI systems to align with legal and ethical standards. Similarly, Ghana’s AI Strategy[vi] calls for multi sector stakeholder engagement to develop ethical guidelines and frameworks to mitigate the risk of bias.

In addition to the development of AI strategies, legislative efforts have progressed. For example, in Nigeria, on 25 February 2025, the Senate Bill 731, establishing the National Artificial Intelligence Commission, passed its first reading. The Bill seeks to establish a regulatory body to govern the development, implementation and responsible application of AI in Nigeria to ensure its alignment with the country’s national and economic objectives.

Having recognized efforts by various African countries towards the regulation of the use of AI, the subsequent section provides an overview of the Kenya AI strategy as a foundational step for the digital economy.

Kenya Artificial Intelligence Strategy 2025-2030: A foundational step for the digital transformation agenda

On 27 March 2025, the Ministry of Information, Communications, and Digital Economy (MICDE) published the final Kenya National Artificial Intelligence (AI) Strategy 2025-2030 (the Strategy).[vii] This follows a public consultation[viii] which began in January 2025. The Strategy aims to position Kenya as the leading AI hub for model innovation, driving sustainable development, economic growth, and social inclusion while also positioning itself as an AI research and application leader in Africa.

Some of the key objectives outlined in the Strategy are to establish a robust governance framework for AI; enhance adoption in key sectors such as agriculture, security, healthcare, education, and public service delivery; and foster the growth of local AI ecosystems.

The Strategy built upon three (3) key pillars:

• AI digital infrastructure which highlights the development of accessible and affordable AI infrastructure and a modernized national digital infrastructure for AI access and development;
• AI research and innovation which includes developing localized AI models as well as solutions through local research, innovation and commercialization; and
• data as a pillar which seeks to establish a sustainable data ecosystem for AI and innovation.

One of the key concerns that led to the development of the Strategy is that with an increased use of AI technologies that require vast amounts of data, there is a fear of misuse of data, unauthorized access, and a lack of control over personal data.[ix] Moreover, there have been concerns about data colonialism and extractive practices by big tech companies.

The current strategy is not itself a binding legal instrument, however it gravitates towards the future policy development especially in relation to governance, regulatory oversight, and risk classification of AI systems.

Conclusion

While there is currently no comprehensive binding legislation specifically on AI in Africa, AI governance is evidently an agenda. A look into the AI governance landscape in Africa shows increased AI policy initiatives. It is important to acknowledge that the country specific data protection frameworks are still the primary basis for the regulation of the use of AI technologies in Africa.

As the African AI legislative agenda moves through various legislative processes, businesses should certainly adopt best practices and, closely monitor updates and implementation timelines to anticipate necessary adjustments in case they are caught in the scope of application of the upcoming framework.

As African countries move towards adoption of legislation, businesses will need to consider how their deployment of AI align with these evolving regulatory expectations.

[i] The Center for Intellectual Property and Information Technology Law (CIPIT), ‘The State of AI Africa report’ (CIPIT, 2025) https://aiconference.cipit.org/documents/the-state-of-ai-in-africa-report.pdf 8.

[ii] United Nations Educational, Scientific and Cultural Organization, ‘Artificial intelligence needs assessment survey in Africa’(UNESCO, 2021) https://unesdoc.unesco.org/ark:/48223/pf0000375322 22. They included: Benin,  Cabo  Verde,  Cameroon,  Congo,  Côte  d’Ivoire,  Egypt,  Equatorial  Guinea,  Eswatini,  Gambia, Ghana, Madagascar, Rwanda, Sao Tome and Principe, Senegal, Sierra Leone, Uganda, Zambia, Zimbabwe.

[iii] Some countries that have developed National AI strategies include Nigeria, Zambia, South-Africa, Kenya, Rwanda, Ghana, Egypt and Mauritius.

[iv] African Union, ‘Continental Artificial Intelligence Strategy’ https://au.int/en/documents/20240809/continental-artificial-intelligence-strategy accessed on 15 July 2025.

[v] Ministry of ICT and Innovation, ‘The National AI Policy’ https://rura.rw/fileadmin/Documents/ICT/Laws/Rwanda_national_Artificial_intelligence_Policy.pdf accessed 13 July 2025.

[vi] Ministry of Communications and Digitalisation with Smart Africa, GIZ FAIR Forward, and The Future Society (TFS), ‘Republic of Ghana National Artificial Intelligence Strategy:2023-2033’ https://africadataprotection.org/Ghana-AI-Strat.pdf accessed 15 July 2025.

[vii] Ministry of Information, Communications, and Digital Economy (MICDE), ‘Kenya Artificial Intelligence Strategy 2025-2030’ (MICDE, 27 March 2025) https://ict.go.ke/sites/default/files/2025-03/Kenya%20AI%20Strategy%202025%20-%202030.pdf accessed 15 July 2025.

[viii] Ministry of Information, Communications, and Digital Economy (MICDE), ‘Public notice: Call for comments on the draft Kenya National Artificial Intelligence (AI) Strategy (2025-2030) https://x.com/MoICTKenya/status/1879247467658772961?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Etweet accessed 10 July 2025.

[ix] Article 4(1) of the GDPR states that ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.