By Nancy Bosibori
Artificial intelligence (AI) is transforming communication, information access, content creation and decision-making across sectors such as journalism, education, healthcare and public services, creating significant opportunities for innovation and economic growth. At the same time, AI poses risks including misinformation, deepfakes, discrimination, privacy breaches and manipulation of public opinion. The proposed Kenya Artificial Intelligence Bill, 2026, sponsored by nominated Senator Karen Nyamu, seeks to establish a regulatory framework that promotes responsible AI development and use while safeguarding fundamental rights in Kenya’s evolving digital landscape.
The proposed legislation seeks to establish the Office of the Artificial Intelligence Commissioner as Kenya’s primary AI regulatory authority, responsible for overseeing AI systems through risk assessments, conformity audits, post-market surveillance and maintaining a public register of high-risk AI technologies. The office would also investigate complaints related to algorithmic bias, discrimination and violations of human and civil rights. By strengthening oversight and accountability, the bill seeks to promote responsible AI innovation while ensuring transparency, explainability and protection of the public interest.
The proposed Bill requires AI developers and organizations deploying high-risk systems to comply with the Data Protection Act, conduct human rights impact assessments, maintain detailed records and ensure transparency in automated decision-making. It also mandates explicit consent before AI can generate or manipulate a person’s image, voice or likeness and requires clear labelling of AI-generated content. These provisions are designed to enhance accountability and address the risks posed by deepfakes and other deceptive synthetic media that can erode public trust and harm individuals.
Responsible use of AI in newsrooms extends beyond legal compliance to professional ethics. The Media Council of Kenya’s Code of Conduct for the Media Practice, 2025 provides a clear framework under Clause 27. It requires media practitioners to ensure that AI-generated content is fair, unbiased and accurate, does not reinforce harmful stereotypes and respects intellectual property rights. Media houses must also disclose whenever AI has been used to create, edit or modify editorial content, prevent AI from generating misinformation or disinformation, ensure every AI-assisted publication is reviewed and approved by human editors and refrain from cloning a person’s likeness, voice or identity without informed consent except where permitted by law and justified in the public interest.
The Code further recognises that responsible journalism includes effective management of user-generated content. Clauses 28 and 29 require media enterprises to clearly distinguish editorial content from user-generated material, monitor their digital platforms, remove unlawful or harmful content promptly, establish transparent moderation policies, provide reporting mechanisms for users and inform audiences that user-generated content does not necessarily represent the views of the media house. These provisions reinforce shared responsibility between technology providers, media organizations and the public in maintaining a safe and trustworthy information environment.
The success of the Kenya Artificial Intelligence Bill, 2026 will depend not only on effective regulation but also on responsible behaviour by developers, journalists, media organisations and the public. As AI becomes increasingly integrated into everyday life, transparency, accountability and human oversight must remain at the Centre of its use.
By embracing both the proposed legal framework and the Code of Conduct for the media Practice, Kenya can harness the benefits of AI while safeguarding democracy, protecting human rights and preserving public confidence in the digital information ecosystem.
Nancy Bosibori is a media analyst at the Media Council of Kenya
