Kenya Unveils Ambitious AI Policy with Extraterritorial Reach and Sovereignty Focus

Kenya has released its Draft Artificial Intelligence and Emerging Technologies Policy 2026 for public consultation, signaling a significant step towards establishing a comprehensive national framework for AI governance. This policy follows the earlier launch of the National Artificial Intelligence Strategy 2025–2030 and is open for public comments until August 4, 2026. While not immediately legally binding, it lays the groundwork for future legislation and outlines the government's strategic approach to AI regulation, aiming to integrate AI governance into Kenya's broader legal and digital economy structures.

A key aspect of the draft policy is its proposed extraterritorial application. It seeks to regulate not only AI systems developed and deployed within Kenya but also those from foreign providers whose systems are used or whose outputs affect the country. This broad jurisdiction aims to ensure oversight over AI systems, digital infrastructure, and data impacting Kenya, with provisions for recognizing compliant foreign regulatory regimes pending an adequacy assessment.

Furthermore, the policy emphasizes shared accountability across the entire AI value chain, moving away from single-entity responsibility. It suggests future legislation will distribute liability among developers, deployers, operators, vendors, and users. The framework also introduces