A group of human rights activists has turned to Kenya’s High Court in Kerugoya in an urgent bid to halt what they describe as the unregulated rollout of “high-risk artificial intelligence systems” across the country, arguing that the rapid deployment of AI technologies without adequate safeguards threatens fundamental constitutional rights.
The petition, filed on Feb. 5, 2026, names the Cabinet Secretary for Information, Communication and Technology (ICT) and the Principal Secretary in the State Department for ICT as respondents. The activists are seeking “conservatory orders” to prevent the government from authorising, deploying or operationalising these AI systems until the case is fully heard and determined.
Activists Warn of Broad Rights Threats
In court papers, the petitioners identified as John Wangal, Peter Agoro and Antony Manyara said that the government’s AI strategy is being implemented without proper legal, regulatory or institutional safeguards. They argued that this exposes Kenyan citizens to imminent violations of rights guaranteed under the 2010 Constitution, including privacy, equality, dignity, freedom of expression and fair administrative action.
The activists also warned that unchecked AI deployment could jeopardise political participation, labour rights, consumer protections and even the integrity of the upcoming 2027 general elections, raising concerns about deepfakes, disinformation and algorithmic manipulation.
“The deployment of high-risk AI systems without an adequate legal framework places fundamental freedoms at risk,” the petition states. It further highlights risks to vulnerable populations, the education system, academic integrity and the labour market due to the rapid spread of AI technologies without clear oversight.
Court Declines Immediate Ban, Certifies Petition as Urgent
During hearings, High Court Judge Edward M. Muriithi declined to grant the urgent conservatory orders sought by the activists at this early, ex parte stage. The judge ruled that the wide scope of the requested relief effectively seeking to pause all AI deployment could not be granted without hearing from the government and other respondents.
However, the judge recognised the petition’s broader public interest and certified the case as urgent, directing that the government be formally served and allowing both sides to present arguments at a full hearing scheduled for Feb. 19, 2026.
Calls for National AI Policy Framework
The petition also underscores a broader policy gap, noting that Kenya currently lacks a comprehensive National Artificial Intelligence Policy Framework, leaving decision-making around AI use to ad hoc approaches. Activists argue that the absence of AI-specific legislation or clear regulatory mechanisms compounds the risks posed by the technology’s rapid adoption.
Kenya has previously been encouraged by experts and stakeholders to modernise its legal and regulatory frameworks in response to emerging AI challenges, with debate over how existing laws such as the Data Protection Act of 2019 can address issues like algorithmic transparency and discrimination.
Government AI Strategy Context
The court action emerges against the backdrop of Kenya’s broader digital strategy. In recent years the government has outlined ambitions to integrate digital technologies including AI into public services, industry and governance, and has even signalled plans to adopt a National Artificial Intelligence Strategy as part of its longer-term technology roadmap.
Wider Debate on AI Risks and Opportunities
Supporters of AI emphasize its potential to boost efficiency, expand access to services and drive economic growth, while critics including the petitioners caution that without proper protection of civil liberties, Kenya could face unintended harms that outweigh the benefits. The High Court’s consideration of this case is poised to shape how the country balances innovation with rights protection.
Senior Reporter/Editor
Bio: Ugochukwu is a freelance journalist and Editor at AIbase.ng, with a strong professional focus on investigative reporting. He holds a degree in Mass Communication and brings extensive experience in news gathering, reporting, and editorial writing. With over a decade of active engagement across diverse news outlets, he contributes in-depth analytical, practical, and expository articles exploring artificial intelligence and its real-world impact. His seasoned newsroom experience and well-established information networks provide AIbase.ng with credible, timely, and high-quality coverage of emerging AI developments.