The Draft Kenya Artificial Intelligence and other Emerging Technologies Policy

The Ministry of Information, Communications and Digital Economy (MICDE) through a multi-stakeholder committee has developed the Kenya Artificial Intelligence and Other Emerging Technologies Policy draft (Draft Policy). 

Highlights of the Policy’s Provisions

The Draft Policy provides a comprehensive national framework to guide the governance and use of AI and other emerging technologies in Kenya. Its main pillars include Research, Innovation and Commercialisation, Ecosystem Development, Sectoral Applications of AI and other Emerging Technologies; Capacity and Human Capital Development; Environmental Sustainability and Green Intelligence; Governance, Legal and Regulatory Frameworks; Data Ecosystem Management; Ethics, Safety, Security and Inclusion; Infrastructure and Digital Readiness; and Sovereignty and Strategic Autonomy.¹

The Draft Policy is of importance to public or private entities that provide AI and Emerging Technology systems and services whose outputs are used within Kenya. It illustrates the Government’s commitment to supporting the development of AI and other emerging technologies. The policy seeks to enhance partnerships for data access and sharing. It also seeks to integrate AI into the education systems to build capacity and human capital development.²

Implications for regulation of AI and other emerging technologies

The Draft Policy will establish several regulatory tools, including the AI and other Technologies Governance Act that will establish a national body for compliance oversight. The national body, National AI and other Emerging Technologies Council, will be the administrative coordinator,³ while a separate institute, the AI Safety Institute will function as the technical and scientific arm that will assist sectoral regulators with technical evidence and testing capacity.⁴

The Draft Policy will promote AI sustainability by establishing mandatory reporting on material environmental impacts such as power consumption, water usage and cooling mechanisms. It introduces the concept of high-risk systems, those that have significant consequences for individuals or are right-affecting, requiring impact assessments and human oversight mechanisms to ensure transparency and accountability.⁵

It further seeks to mandate dataset documentation standards covering metadata, source and limitations. This will require formal dataset provenance frameworks that track the origin records ensuring compliance. Datasets will also be required to be locally relevant and not solely based on foreign contexts; this includes incorporation of Kenyan languages. To ensure the training data is secure, the policy mandates standardised quality assurance protocols alongside a data classification framework that categorizes data into open, controlled access, or highly restricted tiers based on its sensitivity.⁶

The Draft Policy signals a significant shift toward smart AI governance in Kenya, balancing oversight and innovation. Backing research hubs and incubators to give technology providers room to build while ensuring safety and compliance. It covers several bases that have not been addressed in previous strategies and bills, illuminating the need for a comprehensive framework that ensures a proactive digital ecosystem.

The MICDE received comments from the public and is now taking time to review the feedback and finalise the policy.

1.  MICDE, Kenya Artificial Intelligence and other emerging technologies policy draft,2026,11 https://ict.go.ke/sites/default/files/AI%20Policy%20Doc/draft-kenya-ai-and-emerging-technologies-policy-2026.pdf . 
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2. MICDE, Kenya Artificial Intelligence and other emerging technologies policy draft,2026,22 https://ict.go.ke/sites/default/files/AI%20Policy%20Doc/draft-kenya-ai-and-emerging-technologies-policy-2026.pdf ↩︎
3. MICDE, Kenya Artificial Intelligence and other emerging technologies policy draft,2026,57 https://ict.go.ke/sites/default/files/AI%20Policy%20Doc/draft-kenya-ai-and-emerging-technologies-policy-2026.pdf . ↩︎
4.  MICDE, Kenya Artificial Intelligence and other emerging technologies policy draft,2026,67 https://ict.go.ke/sites/default/files/AI%20Policy%20Doc/draft-kenya-ai-and-emerging-technologies-policy-2026.pdf . ↩︎
5.  MICDE, Kenya Artificial Intelligence and other emerging technologies policy draft,2026,60 https://ict.go.ke/sites/default/files/AI%20Policy%20Doc/draft-kenya-ai-and-emerging-technologies-policy-2026.pdf . ↩︎
6.  MICDE, Kenya Artificial Intelligence and other emerging technologies policy draft,2026,65 https://ict.go.ke/sites/default/files/AI%20Policy%20Doc/draft-kenya-ai-and-emerging-technologies-policy-2026.pdf . ↩︎