Kenya AI Regulations Battle: Emerging Conflicts and Resolutions

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Kenya AI Regulations Battle

Kenya is facing challenges as it aims to regulate the emerging fields of artificial intelligence (AI) and robotics.

The 2023 Robotics and AI Society Bill has stirred up significant opposition from major stakeholders in the industry.

Concerns about this proposed legislation have been raised by information technology professionals, including those from the American Chamber of Commerce (AMCHAM).

During a recent session that coincided with International Safer Internet Day, notable voices spoke up. Alex Gakuru, Director of the Center for Law in Information Technology, led these discussions. He, alongside other experts, pointed out that they were not consulted during the bill’s drafting process.

Stakeholders argue that this lack of consultation has led to a flawed bill that might hurt, rather than help, Kenya’s tech sector.

The bill, named the Kenya Robotics and Artificial Intelligence Society Bill 2023, proposes penalties for entities that have not registered with the suggested Robotics Society of Kenya (RSK). These penalties are quite severe and include fines and potential prison time.

Specifically, unlicensed entities could face fines of KES 1 million (equivalent to over USD 6,000) or a possible two-year prison sentence.

One of the critical voices, Gakuru, emphasized that the bill is very focused on robotics while neglecting broader AI implications. He warned that this could create legal issues and urged the bill’s reconsideration to include consultations with industry players.

Kenya currently ranks fifth in Africa in terms of AI readiness, according to the 2022 Government AI Readiness Index.

This ranking places Kenya behind Egypt, South Africa, Tunisia, and Morocco.

Despite notable investments in AI over the last decade, totaling USD 81.5 million, Kenya finds itself trailing behind South Africa and Nigeria.

Industry reports such as Microsoft’s “Artificial Intelligence in the Middle East and Africa Outlook Report” highlight these gaps.

Additional issues complicate the situation. Elizabeth Mutua, a lecturer at Dedan Kimathi School of Computer, pointed out the lack of public data sets available for AI research and the absence of a robust legal framework governing AI and robotics.

This gap in regulations presents challenges for developing and implementing AI and robotics solutions in Kenya.

Many in the tech sector feel that the proposed regulations could stifle innovation rather than promote it.

In light of this opposition, Dagoreti South MP John Kiarie assured that the concerns of stakeholders would be heard during public consultations on the bill.

As Kenya tries to strike a balance between regulating AI and encouraging innovation, the future of the proposed legislation remains in flux.

Key issues in this ongoing debate include the need for a well-developed regulatory framework that can oversee AI systems and address human rights concerns without hindering innovation.

Stakeholders are calling for policies that support the tech sector’s growth while ensuring responsible development and deployment of AI technologies.

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