Kenya Leads Global AI Adoption at 97.5% as Proposed Bill Threatens to Criminalize Online Speech

By Omboki Monayo

NAIROBI, Kenya – Kenya has emerged as the world leader in artificial intelligence adoption, with a stunning 97.5 percent of online adults using AI tools monthly, according to the newly released *Digital 2026 Mid-Year Global Update Report*. The survey, a collaboration between We Are Social and Manochi, polled more than 240,000 people across 54 economies. Kenya’s adoption rate far surpasses the global average of 81.2 percent, placing it ahead of the United Arab Emirates (94.2 percent) and Indonesia (93.6 percent).

The country’s mobile-first culture is a primary driver of this explosive growth. Data from the Communications Authority shows that 97.6 percent of Kenyan users rely on smartphones, while laptops and desktops account for only 5.1 percent and 0.9 percent of access methods, respectively. On network technology, 4G remains the most widely used, with 44.2 million subscribers, though 5G subscriptions surged 71.7 percent to reach 1.74 million users by the end of 2025.

Android dominates the market—accounting for more than 90 percent of mobile usage—led by Samsung, Tecno, and Infinix. Despite these gains, a significant usage gap persists. Principal Secretary for Broadcasting Stephen Isaboke recently noted that 60 percent of people within network range remain offline due to limited digital skills and device affordability.

Amid this rapid adoption, the Kenyan government is moving to regulate AI through the proposed Artificial Intelligence Bill, 2024, currently before the Senate. The bill aims to provide a legal framework for ethical AI use while safeguarding human rights. Key provisions include establishing an Office of the AI Commissioner to conduct risk assessments, investigate complaints (including algorithmic bias), and maintain a public register of high-risk AI systems.

The bill introduces a risk-based classification system: unacceptable-risk systems would be prohibited, minimal-risk systems would face lighter rules, and high-risk systems in healthcare, law enforcement, and elections would be subject to strict compliance. It also requires workforce impact assessments to prevent job displacement and mandates that AI enhance—not replace—human capabilities. Penalties for violations, including non-consensual deepfakes or unauthorized use of someone’s likeness, could reach fines of five million shillings or prison terms of up to two years.

However, legal experts have raised sharp criticisms, warning that the bill could infringe on freedom of speech and expression. Prominent human rights lawyer, publisher, and former member of both the Kenyan and Pan-African parliaments, Gitobu Imanyara, condemned what he called a trend toward digital authoritarianism. Writing in The Mail & Guardian, Imanyara said the government is making “a desperate attempt to silence the country’s most vocal and politically awake generation, the Kenyan youth.”

He argued that vague language in the bill—particularly criminalizing speech deemed “offensive”—grants the state dangerous power. “What does ‘offensive’ even mean?” Imanyara asked. “To a tyrant, truth itself is offensive. To the corrupt, exposure is offensive. To the liar, facts are offensive. This law, in its vagueness, gives the state infinite power.”

Imanyara, who fought for freedoms during President Daniel arap Moi’s era, argued that the amendments violate Article 33 of Kenya’s constitution, which guarantees freedom of expression and the right to seek, receive, and impart information. He called the law not only unconstitutional but also “immoral,” saying it betrays the legacy of those who fought for a democratic Kenya. The Standard’s editorial board echoed these concerns in an October 2025 analysis, writing that the government is “hellbent on controlling what netizens post on social media” and that the new laws “criminalise all forms of dissent,” with offenders risking up to 20 million shillings in fines or 10 years in jail.

Imanyara ended with a stark warning: suppression historically births rebellion. “You cannot jail an entire generation’s imagination,” he wrote. “Ruto’s problem is not the youth’s online ‘offence.’ His problem is the truth. And truth has a way of surviving. It slips through cracks, jumps firewalls, and finds a home in every whisper, every protest, every post.”

Kenya now faces a difficult challenge: maintaining its world-leading AI adoption rate while ensuring that AI regulation does not criminalize the digital speech that has become essential to democracy and youth empowerment. The balance between innovation and freedom has never been more critical.