TISA CEO Diana Gichengo Urges Kenya to Rethink AI Bill, Warns Against Premature Regulation

 Institute for Social Accountability (TISA) Executive Director Diana Gichengo has called for a rethink of Kenya’s proposed Artificial Intelligence Bill, warning that the country risks regulating a technology that is still rapidly evolving.

Speaking on the third day of the Law Society of Kenya (LSK) Annual General Conference, Gichengo said Kenya should first create room for innovation and develop a deeper understanding of artificial intelligence before imposing extensive legal restrictions.

Gichengo, an active citizen and advocate, said the proposed legislation could duplicate existing regulatory functions, particularly those already handled under Kenya’s data protection framework.

“AI is not yet developed. It is developing,” Gichengo said, arguing that lawmakers should allow the technology to mature before determining the appropriate safeguards.

She questioned the proposal to establish additional institutions or structures to oversee AI, noting that artificial intelligence is heavily dependent on data and therefore overlaps significantly with the mandate of the Office of the Data Protection Commissioner, established in 2019.

“We are treating AI, which thrives on data, as very separate from processes of data protection,” she said.

Gichengo warned that establishing additional commissions or task forces could place further pressure on public finances at a time when the country is already struggling to meet the cost of maintaining government institutions and independent commissions.

She, however, acknowledged the potential of AI to transform Kenya’s economy, business sector, legal practice and democratic processes if properly developed and responsibly deployed.

She said AI is already being used in areas such as business and financial decision-making and could potentially be applied in taxation and health insurance, making safeguards around its use increasingly important.

On elections, Gichengo raised concerns about the potential misuse of AI and emerging technologies to influence electoral outcomes, saying the debate should go beyond the integrity of the voter register.

She said civil society organisations were engaging the Independent Electoral and Boundaries Commission (IEBC) on issues surrounding technology and the transmission of election results.

Gichengo also called on Kenyans to embrace technology that can strengthen election monitoring, aggregation and verification of results, saying citizens should remain central to the electoral process.

She further criticised the proposed Public Participation Bill, warning that removing mechanisms requiring government to provide feedback to citizens would undermine the constitutional principle of public participation.

“Public participation is where we exercise our power as the sovereign owners of power of Kenya,” she said.

Gichengo argued that citizens who provide input into government processes should receive feedback before decisions move to the next stage.

“If you have taken away the feedback clause, then you have killed the public participation spirit and intent of the Constitution,” she said.

She also urged the government to prioritise implementation of the existing Constitution rather than pursuing constitutional amendments during an election period.

According to Gichengo, Kenya should focus on strengthening constitutional institutions, protecting media freedom, respecting public finances and upholding leadership integrity before embarking on major constitutional reforms.

She said any necessary constitutional changes should be discussed outside the electoral cycle to allow Kenyans to engage in the debate soberly and without political pressure.

Gichengo's remarks come amid growing debate among legal professionals, policymakers and civil society on how Kenya should balance the opportunities presented by AI with concerns around data protection, elections, accountability and citizens' rights.