Kenya's current regulatory instruments are inadequate to handle the emerging challenges associated with the adoption of AI systems. As a result, the rapid development and implementation of AI may outstrip Kenya's existing regulatory structures. Addressing this issue does not necessarily entail creating new laws; instead, it necessitates a thorough examination and evaluation by government authorities of how current regulations can be applied to AI-related issues.
To achieve this, all stakeholders, including private companies and government officials, should collaborate with the Kenyan government to establish a balanced and effective legal and regulatory framework. This framework should address human rights concerns and safeguard civil liberties while also fostering innovation.
Similar to other countries Kenya, lacks a dedicated national AI strategy or regulatory framework. Instead, it relies on several existing laws to tackle AI and digital technology issues. These laws include the Data Protection Act (DPA) of 2019, which establishes a framework for data protection within Kenya and the Computer Misuse and Cybercrimes Act of 2018, which serves as a legal framework for addressing offences connected to digital platforms.
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