The Artificial Intelligence Bill, 2026
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
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Executive
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Final
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Establishment of the Artificial Intelligence Commissioner
Establishes the independent Office of the Artificial Intelligence Commissioner as a State Office under Article 260(q) of the Constitution (Section 4).
Key responsibilities include:
- Overseeing the enforcement of the Act and conducting risk assessments.
- Establishing and managing regulatory sandboxes to test AI systems under oversight.
- Maintaining a public register of high-risk AI systems.
- Investigating complaints concerning bias, discrimination, or rights violations.
Four-Tier Risk Classification System
Categorises AI systems into four risk levels under Section 25:
- Unacceptable Risk: Systems that pose severe threats, which are strictly prohibited.
- High Risk: Systems used in critical sectors including healthcare, education, agriculture, finance, security, employment, or public administration.
- Limited Risk: Systems with moderate risks.
- Minimal Risk: Systems with negligible risks.
Mandatory Assessments for High-Risk AI
Imposes strict obligations on providers and deployers of high-risk AI systems (Section 26):
- Must conduct both risk and human rights impact assessments before deployment.
- Must maintain records of data inputs, training datasets, and performance metrics for at least five years.
- Must ensure transparency, traceability, and explainability of decision-making processes.
- Must obtain explicit consent from individuals before generating or manipulating synthetic media (images, voice, or likeness) and label the output clearly as AI-generated.
Workforce Impact Obligations
Under Section 33, any provider or deployer of an AI system likely to impact employment must:
- Conduct a workforce impact assessment to determine potential job displacement.
- Implement mitigation measures, including reskilling programs, in collaboration with national and county governments.
Fines Up to KSh 5 Million
Establishes a dual-tier penalty structure under Section 35:
- Major Offences: Deploying prohibited AI, failing to perform required high-risk assessments, failing to conduct workforce impact assessments, or generating non-consensual synthetic media carries a fine of up to KSh 5 million, imprisonment for up to two years, or both.
- Other Offences: Failing to comply with transparency obligations, violating ethical guidelines, or obstructing the Commissioner carries a fine of up to KSh 1 million, imprisonment for up to six months, or both.
Bill No.
Senate Bills No. 4 of 2026
Gazette No.
Supplement No. 15
Sponsor
Karen Nyamu
Background
The principal object of the Artificial Intelligence Bill, 2026 is to address gaps in Kenya's existing regulatory environment regarding emerging technologies. While frameworks like the Data Protection Act (Cap 411C) regulate data privacy, Kenya currently lacks legislation governing the ethical deployment, risk management, and societal impact of artificial intelligence. The Bill seeks to align Kenya's AI policy with international standards while promoting safe innovation through structured oversight.
Key Provisions
Establishment of Regulatory Bodies
- Office of the Artificial Intelligence Commissioner (Section 4): Created as an independent body corporate with perpetual succession. The Commissioner must hold a master's degree in a relevant field (AI, computer science, law, etc.) and have at least ten years of relevant experience. The Commissioner is appointed by the President with the approval of Parliament for a five-year term (renewable once).
- Advisory Committee on Artificial Intelligence (Section 17): A multi-sectoral body chaired by the Commissioner, including representatives from ICT, data protection, science and technology commissions, the Council of Governors, the private sector, and civil society. The committee's role is to advise on emerging trends and workforce transitions.
Risk-Based Governance Framework
- System Classification (Section 25): AI systems are classified into unacceptable risk (prohibited), high risk, limited risk, and minimal risk.
- Regulatory Sandboxes (Section 29): The Commissioner is mandated to establish controlled environments for testing AI under regulatory supervision, giving priority to county-level innovations and local solutions.
New Obligations
For High-Risk AI Providers and Deployers (Section 26 & 28)
- Compliance Audits: Must submit annual compliance reports to the Commissioner.
- Transparency: Must disclose to users the nature, purpose, and limitations of the AI system, and notify them when decisions are automated.
- Consent for Synthetic Media: Explicit consent is required to generate or distribute synthetic media using a person's image, voice, or likeness.
- Data Protection: Must comply fully with the Data Protection Act (Cap 411C) and conduct data protection impact assessments where required.
For Job Displacement Risks (Section 33)
- Deployers must assess employment impacts and create reskilling transition frameworks.
Penalties
Section 35 outlines the statutory penalties for violations:
- KSh 5,000,000 fine / 2 years imprisonment (or both): Applies to operating prohibited systems, omitting high-risk assessments, sandbox violations, neglecting workforce assessments, or deploying non-consensual synthetic media.
- KSh 1,000,000 fine / 6 months imprisonment (or both): Applies to failing to comply with general transparency rules, violating ethical guidelines, or obstructing the Commissioner's investigations.
- Corporate Liability: Where an offence is committed by a body corporate, directors and officers who had knowledge of the offence and failed to exercise due diligence are also held personally liable.
Transitional Provisions
- Review of the Act (Section 37): The Cabinet Secretary is required to conduct a review of the Act every three years to assess its effectiveness against technological advancements, with a report submitted to Parliament within six months after the review is complete.
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