High Court issues fresh orders affecting AI use in Kenya
The High Court in Kerugoya has declined to immediately halt the deployment of artificial intelligence systems in Kenya.
The High Court in Kerugoya has declined to immediately halt the deployment of artificial intelligence systems in Kenya.
In a ruling issued on Thursday, February 5, High Court judge Edward M. Muriithi declined to grant conservatory orders that were being sought at the ex parte stage, holding that the request to restrain the State from deploying artificial intelligence systems was wide-reaching and could not be issued without hearing the other parties.
The ruling came after a petition filed by human rights activists warning of serious risks to constitutional rights and the 2027 General Election.
In their petition filed against the Cabinet Secretary for ICT and the Principal Secretary for ICT, the activists sought conservatory orders restraining the respondents from deploying, authorising, or operationalising AI systems pending the hearing and determination of the petition.
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Further, the activists argued that the deployment of what they termed as “high-risk AI systems,” was being done without adequate legal, regulatory, or institutional safeguards, exposing citizens to imminent violations of rights, including privacy, equality, dignity, freedom of expression, fair administrative action, political participation, labour rights, and consumer protection.
“Kenyans are experiencing and are imminently threatened with violation of the rights to privacy, equality, discrimination, dignity, fair administration, and unregulated AI deployment,” reads the petition in part.
In their application, the petitioners also raised concerns about the upcoming 2027 general elections, warning that unregulated AI could facilitate electoral manipulation through deepfakes, disinformation, algorithmic interference, and other threats to free and fair elections.
They further highlighted risks to vulnerable populations, consumers, the education system, academic integrity, intellectual property rights of Kenyan creators, and labour markets due to rapid AI deployment without adequate safeguards.
The application had been filed under Articles 22, 23, and 159 of the Constitution of Kenya, 2010, and the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013.
Despite not issuing any conservatory orders, Justice Muriithi certified the matter as urgent and set the matter for an inter partes hearing on February 19, 2026.
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