Controversies erupt over Kenya’s AI Bill that proposes 2-year jail term for unlicensed businesses

The Nairobi-based Kenya Robotics and Artificial Intelligence Society has suggested a potential prison term of up to 24 months, a fine of up to KES 1 million ($6,250), or both for entities operating unlicensed AI and robotics ventures. Defined as unlicensed in the Kenya Robotics and Artificial Intelligence Society Bill 2023, these entities are those who have not registered their robotics and AI initiatives with the Robotics Society of Kenya (RSK).

Several IT professionals and organizations in Kenya oppose the bill, arguing that it could negatively impact the nation’s tech ecosystem. The bill also aims to officially establish the Kenya Robotics and Artificial Intelligence Society, creating a governing body to regulate the state’s employment of robotics, AI, and the Internet of Things (IoT). As the proposed regulator, the society would enforce compliance from relevant companies and advise the Kenyan government on emerging trends in AI and robotics.

The non-governmental organization’s goal is to act as a governing body for robotics and AI, similar to how the Law Society of Kenya governs law practices, promoting ethical development and the responsible use of robotics and AI technologies in Kenya, encouraging collaboration among practitioners, researchers, and stakeholders in these fields.

Under the proposed bill, “The Society may issue the requested license subject to terms and conditions that the county executive committee member deems suitable,” according to a section of the text. Ever since it was submitted to Kenya’s parliament in November 2023, the bill has been the cause of intense discussions among the country’s AI and robotics communities.

Numerous IT specialists have urged the government to dismiss the proposed bill, citing numerous and significant shortcomings.

Led by Alex Gakuru, Director of the Center for Law in Information Technology, the American Chamber of Commerce (AMCHAM) expressed their concerns to the Parliament of Kenya’s Communication, Information, and Innovation (CII) committee, arguing that the bill could harm digital progress if enacted.

During a meeting held on International Safer Internet Day in 2024, the delegation informed the committee, led by Dagoreti South MP John Kiarie, that the AI and robotics communities in Kenya had not been involved in the drafting of the bill at any stage. They recommended that the parliament withdraw the bill until further consultations with stakeholders could take place.

AI Kenya, a private initiative advocating for the expansion and democratization of data science and robotics in the country, has categorized the bill as a “serious threat to the innovation and growth of the dynamic tech ecosystem.”

Elizabeth Mutua, a lecturer at Dedan Kimathi University of Science and Technology in Kenya, emphasized the necessity for carefully considered legislation to regulate AI, robotics, and other emerging technologies. She urged the government to reject the bill, arguing it merely serves as a mechanism for the creation of new governmental offices and the imposition of taxes, without proper AI regulation in place.