KERUGOYA, Kenya — A group of activists has moved to the High Court seeking urgent intervention to halt the rollout of what they describe as high-risk artificial intelligence (AI) technologies, warning that unregulated deployment poses a serious threat to constitutional rights and democratic processes.
In a petition filed at the Kerugoya High Court, John Wangal, Peter Agoro, and Antony Manyara argue that the rapid adoption of AI systems without clear legal, regulatory, or institutional safeguards could violate rights guaranteed under the Constitution, including privacy, equality, dignity, freedom of expression, and fair administrative action.
The petition is directed at the Cabinet Secretary for Information, Communications, and the Digital Economy, and the Principal Secretary in the State Department for ICT. The applicants are seeking conservatory orders to restrain the government from deploying, authorising, or operationalising AI systems pending the hearing and determination of the case.
“Kenyans are experiencing and are imminently threatened with violation of the rights to privacy, equality, discrimination, dignity, fair administration, and unregulated AI deployment,” the petitioners state in their court filings.
The activists filed the case under Articles 22, 23, and 159 of the Constitution, as well as the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013.
They contend that AI technologies are already being introduced in public and private sectors without a comprehensive legal framework, exposing citizens to unchecked data collection, algorithmic discrimination, and opaque decision-making.
Beyond individual rights, the petition raises alarm over the potential impact of AI on political participation, labour rights, and consumer protection. The applicants argue that automated systems could influence hiring, credit access, and public service delivery in ways that entrench inequality if left unregulated.
A central concern raised in the case is the integrity of the 2027 General Election. The activists warn that unregulated AI could enable electoral manipulation through deepfakes, disinformation campaigns, and algorithmic interference, undermining the constitutional requirement for free and fair elections.
They also highlight risks to vulnerable populations, the education sector, and academic integrity, as well as threats to the intellectual property rights of Kenyan creators. According to the petitioners, the rapid spread of generative AI tools could disrupt labour markets and consumer protections without adequate safeguards.
High Court Judge Edward Muriithi certified the application as urgent but declined to grant interim conservatory orders at the ex parte stage. The court held that the orders sought were broad and far-reaching, and could not be issued without hearing the respondents.
Justice Muriithi directed that the application be formally served on the ICT Cabinet Secretary and Principal Secretary, and set February 19, 2026, as the date for a full inter partes hearing, at which the court will consider whether to issue conservatory orders.
The case comes amid growing debate about Kenya’s readiness to adopt AI technologies. While the government has positioned digital transformation as a key economic pillar, infrastructure gaps remain significant.
Data from the global directory Data Centre Map shows that Kenya has 19 data centres, most of them light-duty facilities concentrated in Nairobi. Only two are considered AI-capable, compared with South Africa’s five and Nigeria’s one. South Africa leads the continent with 60 data centres, followed by Nigeria with 22.
Experts warn that limited access to heavy-duty data centres, high-speed fibre connectivity, and advanced computing hardware could leave African countries dependent on foreign cloud infrastructure, turning them into consumers rather than producers of AI technologies.
Globally, there are 10,793 data centres across 174 countries, with the United States hosting nearly 40pc.
