Is Now the Right Time for Kenyan AI Regulation?

By Antony Ndolo, Kavengi Kitonga, Lynda Ouma and Paul Amayo

On June 18, 2024, the Public Petitions Committee, led by Hon. Earnest Kagesi, met with the Robotics Society of Kenya to discuss a public petition on the Kenya Robotics and AI Society draft Bill, 2023. This bill proposes forming the Kenya Robotics and AI Society to oversee regulation, licensing, strategic planning, awareness, and capacity building.

The Vision and the Challenge

We support Robotics and AI development and responsible practices but believe current regulation efforts are premature. This method, inspired by developed countries’ regulations, overlooks the unique challenges faced by emerging markets like Kenya. The Kenyan Robotics and AI ecosystem is still in its infancy, with significant growth yet to occur. Implementing strict regulations now could stifle innovation, deter investors, and hinder the sector’s potential impact on the economy.

The Real State of the Industry

The proposed society assumes a robust robotics and AI industry in Kenya, which is not the case. While there are signs of growth, such as startup activities and infrastructural investments, these do not equate to a fully developed industry. Kenya ranks 101st in the Government AI Readiness Index 2023 report, indicating a lack of foundational elements necessary for a thriving sector. To nurture this growth, we must first address challenges like the shortage of datasets, high costs of computing power, inadequate infrastructure, and limited local AI talent and governance frameworks.

The draft bill’s mandate for regulation, awareness, and capacity building overlaps with existing initiatives and would place an unnecessary burden on taxpayers. A collaborative approach involving various stakeholders, including government ministries, private sector players, educational institutions, and NGOs, is essential. This would ensure a comprehensive strategy without duplicating efforts or creating additional bureaucratic hurdles.

Achieving a Balanced Approach

To move forward, we suggest the following steps:

Pause Regulatory Efforts: Halt discussions on the draft Bill to reassess the timing and scope of proposed regulations.

Leverage Existing Frameworks: Utilize current legislation, such as the Data Protection Act No. 24 of 2019 and the Regulatory Sandbox Framework, to guide AI governance. These frameworks offer a balanced approach, allowing innovation while addressing potential regulatory concerns.

Rely on Consumer Protection Laws: Strengthen the enforcement of existing consumer protection laws and utilize institutions like the Office of the Data Protection Commissioner and the Communications Authority of Kenya to oversee AI deployment.

Engage in Inclusive Policy Development: Work with government initiatives, such as the Working Group on Policy and Legislative Reforms, to develop a national strategy for Robotics and AI. This should include funding for research and development, fostering public-private partnerships, and upgrading infrastructure.

    These recommendations aim to foster a supportive environment for innovation and set the stage for a robust industry that can be effectively regulated in the future. It’s crucial that regulation follows strategy, ensuring that the AI ecosystem in Kenya is nurtured to its full potential.

    Antony Ndolo, Kavengi Kitonga, Lynda Ouma and Paul Amayo are researchers

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