Kenyan Senate committee recommends dropping the Artificial Intelligence Bill, 2026

The Senate Information, Communication and Technology Committee has recommended that the Senate not proceed with the Artificial Intelligence Bill, 2026, sponsored by nominated Senator Karen Nyamu, The Star reported on 15 October 2026. The committee, chaired by Trans Nzoia Senator Allan Chesang, said the Bill may regulate AI "too broadly, too early and too punitively" for Kenya's current stage of digital and innovation ecosystem development.

The committee considered submissions from 143 stakeholders, including government agencies, multinational technology companies, professional associations, civil society organisations and individual citizens.

The Bill, Senate Bill No. 4 of 2026, was read a first time on 2 April 2026, according to the parliamentary monitoring site Mzalendo, which in August listed it as awaiting second reading. It would set up an Office of the Artificial Intelligence Commissioner. The commissioner would be appointed by the President with Parliament's approval and could inspect AI systems, summon people and access records, Capital FM reported on 17 March 2026. Non-compliance would carry a fine of up to KSh 5 million, a jail term of up to two years, or both.

The committee said those penalties are "disproportionate to the activities of many local developers" and that over-regulation could push developers and their intellectual property abroad. The report described the creation of a "Super Regulator" in the Office of the AI Commissioner as a key stakeholder concern, and the committee said the office could overlap with the Office of the Data Protection Commissioner and the Communications Authority of Kenya. The committee also pointed to the cost of setting up more government institutions while the country faces pressure to contain public spending.

Microsoft Kenya proposed placing AI regulatory functions inside existing institutions instead of a standalone office. Google and Safaricom raised concerns about the Bill's definitions and regulatory obligations. The committee also said the Bill does not adequately cover cross-border AI systems, general-purpose AI models and emerging risks.

Kenya's Ministry of Information, Communications and the Digital Economy said the National Artificial Intelligence and Emerging Technologies Policy, 2026, was in its "final stages of development". The committee recommended that the government first finalise a comprehensive national policy to guide future AI legislation.

Nyamu said on 30 March 2026, as reported by The Star, that the proposed KSh 5 million fine was "very little money" for large multinationals and that she wanted penalties that distinguish between individuals and corporations. "We are not after the Sh5 million; we are after deterring people," she said at the time.