Kenya faces backlash over new AI and robotics bill

The proposed legislation aims to impose penalties on unlicensed entities involved in the operation of robotic and AI businesses if they do not register with the RSK.
The proposed legislation aims to impose penalties on unlicensed entities involved in the operation of robotic and AI businesses if they do not register with the RSK.

Kenyan information technology (IT) professionals have urged the country’s parliament to reject the 2023 Robotics and Artificial Intelligence Society Bill, citing numerous shortcomings.

According to local media, during a session held by the National Assembly’s Communication, Information, and Innovation Committee to observe International Safer Internet Day in 2024, it was reported that the committee was informed by stakeholders in the artificial intelligence (AI) and robotics fields were not involved in any phase of the bill drafting process.

The bill describes entities as unlicensed if they have yet to register their robotics and AI ventures with the Robotics Society of Kenya (RSK).

Screenshot of Kenya’s Robotic and AI Society Bill. Source: DataGuidance

The proposed legislation aims to impose penalties, including fines of up to one million Kenyan shillings ($6,269), a potential two-year prison sentence, or both, on unlicensed entities involved in the operation of robotic and AI businesses if they do not register with the RSK.

The RSK is envisioned as a regulatory body tasked with overseeing and fostering the development of the robotics and AI sectors. It aims to collaborate with other authorities to establish rules and guidelines, ensuring compliance among companies. Additionally, the RSK will provide advice to the government on emerging trends within AI and robotics.

Alex Gakuru, the director of the Center for Law in Information Technology and head of the American Chamber of Commerce, Kenya, reportedly stated in the meeting that the bill should be withdrawn for additional consultation with stakeholders, emphasizing that it will precipitate a national disaster if enacted in its current form.

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According to Gakuru, the bill doesn’t adequately address AI concerns but rather focuses primarily on regulating the robotics sector. He said that the poorly drafted bill might face legal challenges unless amended.

Kenya has been ranked fifth in Africa for its readiness to implement AI in delivering services to the public. The 2022 edition of the annual Government AI Readiness Index released by Oxford Insights shows Kenya’s overall score of 40.36%, placing it behind Egypt, South Africa, Tunisia and Morocco.

According to Microsoft’s “Artificial Intelligence in the Middle East and Africa Outlook Report,” over the last decade, Kenya’s investment in AI was an extimated 13 billion shillings ($81.5 million), a far cry from South Africa’s $1 billion investment and Nigeria’s $378 million.

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