A Kenyan Senate committee on 15 October recommended against proceeding with the Artificial Intelligence Bill, 2026, halting what multiple outlets described as the country's first attempt at a dedicated AI statute.The Star

The decision leaves Kenya without a specific AI law and reliant on general data protection and technology frameworks while policymakers work on a national AI policy.TechweezKenya Today

Committee findings

The Senate Standing Committee on Information, Communication and Technology, chaired by Trans Nzoia Senator Allan Chesang, issued a report recommending "that the Senate does not proceed with the Artificial Intelligence Bill, 2026".The Star The panel concluded the bill "may regulate AI too broadly, too early and too punitively for Kenya's current stage of digital and innovation ecosystem development."The Star It warned that proposed fines of up to Sh5 million (KES 5 million) and criminal sanctions of up to two years' imprisonment risked driving developers and investors to other jurisdictions.The StarTechweez

The recommendation is not a final Senate vote but is the key procedural step determining whether the bill advances or is shelved at committee stage.

The committee identified several core problems: regulatory overreach for a nascent sector, a "super regulator" duplicating existing mandates, fiscal burden from new institutions, and enforceability challenges for foreign-developed AI systems.The Star

The report followed consideration of submissions from 143 stakeholders, including government agencies, multinational technology companies, professional associations, civil society organisations and individual citizens.The Star Microsoft Kenya recommended embedding AI regulatory functions within existing institutions rather than creating a standalone AI Commissioner.The Star Other stakeholders, including Google and Safaricom, flagged the bill's definitions and regulatory obligations, although the article does not reproduce their detailed proposals.The Star

What the bill would have done

The Artificial Intelligence Bill, 2026 was introduced in the Senate in April by nominated Senator Karen Nyamu as a national framework to regulate the "development, deployment and use of artificial intelligence" in Kenya.The Star

According to multiple reports summarising the draft, the bill proposed three new bodies:

  • Office of the Artificial Intelligence Commissioner. The bill would have created an AI Commissioner with powers to investigate violations, conduct audits and impose administrative sanctions, as well as register AI systems and enforce compliance.The StarTechweez
  • AI Authority. A separate body would set industry standards and operate testing sandboxes for startups.TechweezKenya Today
  • Advisory Committee. An advisory body would provide guidance on emerging risks and advise national and county governments on AI use in healthcare, agriculture and education.TechweezKenya Today

The bill took a risk-based approach, classifying AI systems by risk level and imposing heavier obligations on high-risk uses.AI Regulation Search High-risk deployments in healthcare, education and law enforcement would have required registration, annual impact assessments and human oversight, while lower-risk tools such as simple chatbots would mainly be subject to transparency requirements about machine interaction.AI Regulation Search

The sanctions regime drew sharp criticism. Serious offences could attract fines of up to Sh5 million or a percentage of annual turnover, as well as prison terms of up to two years or both.The StarTechweezKenya Today Offences covered included harmful deepfakes and other specified breaches of the AI regulatory framework.TechweezKenya Today

According to the committee's report, members concluded that "the penalties, including heavy fines and potential criminal charges are disproportionate to the activities of many local developers whose work is experimental, non-commercial and seeks to improve local access to technology rather than causing harm."The Star

Legal gaps and next steps

With the committee recommending against the bill, Kenya remains without a dedicated AI statute.The StarKenya Today AI is governed mainly through existing frameworks: - The Data Protection Act, 2019 recognizes automated decision-making but does not address broader AI safety, accountability, public-sector AI use or deepfake regulation.TechweezAI Regulation Search - The bill's drafters and the committee both pointed to gaps in the Science, Technology and Innovation Act and the Data Protection Act, arguing that these laws do not adequately cover how AI systems operate in Kenya today.TechweezKenya Today The ICT ministry told the committee that a National Artificial Intelligence and Emerging Technologies Policy, 2026 is in its final stages, and the lawmakers recommended completing that policy before attempting further AI legislation.The Star Commentary from outlets stresses that the rejection targets this particular design rather than AI regulation as such.TechweezAI Regulation Search For county governments, the proposed Advisory Committee would have included nominees from the Council of Governors to advise counties on AI use in service delivery, but that coordination mechanism will not take effect unless a reworked bill passes in future.TechweezKenya Today