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By Aggrey Omboki
NAIROBI, Kenya – Kenya has emerged as a global frontrunner in the adoption of artificial intelligence, with a remarkable 97.5% of online adults utilizing AI tools on a monthly basis. This finding is highlighted in the Digital 2026 Mid-Year Global Update Report, a collaborative effort between We Are Social and Manochi report that surveyed over 240,000 individuals across 54 different economies. Kenya’s engagement level significantly outpaces the global average of 81.2%, placing it ahead of the United Arab Emirates (94.2%) and Indonesia (93.6%).
Kenya’s mobile-first culture drives this explosive adoption. Data from the Communications Authority shows that 97.6% of Kenyan users rely on smartphones. Traditional computers are rarely used. Laptops account for only 5.1% of access methods. Desktops represent just 0.9%. On network technology, 4G remains the most widespread with 44.2 million subscribers. However, 5G subscriptions surged 71.7% to hit 1.74 million users by the end of 2025.
Android dominates the Kenyan market. It accounts for more than 90% of mobile usage. Samsung, Tecno, and Infinix lead device sales. Still, a significant usage gap persists. Principal Secretary for Broadcasting Stephen Isaboke recently noted that 60% of people within network range remain offline. Barriers include limited digital skills and device affordability.
The Kenyan government has introduced the Artificial Intelligence Bill, 2024, to regulate the sector. Currently under Senate review, the bill seeks to establish a legal framework for ethical AI utilization and the protection of human rights. A central feature of the proposal is the creation of an Office of the AI Commissioner. This regulatory body would be tasked with conducting risk assessments, investigating complaints, including those involving algorithmic bias and managing a public register of high-risk AI systems.
The proposed legislation utilizes a risk-based classification model. Under this system, AI technologies deemed to carry unacceptable risks would be banned, while those with minimal risks would operate under less stringent regulations.
Conversely, AI applications in critical sectors such as healthcare, elections, and law enforcement would be classified as high-risk and subjected to rigorous compliance standards. To prevent job displacement, the bill mandates workforce impact assessments, emphasizing that AI should augment rather than replace human labor.
The bill also includes strict measures regarding personal images and non-consensual deepfakes, with penalties reaching two years in prison or fines of five million shillings. However, the legislation has faced significant pushback from legal experts.
Renowned human rights lawyer Gitobu Imanyara has criticized the bill for its vague language, particularly the criminalization of “offensive” speech. Imanyara warns that such ambiguity grants the state excessive power and could be used as a tool for digital authoritarianism to silence the youth.
But legal experts have sharp criticisms. They warn the bill could infringe on freedom of speech and expression. Gitobu Imanyara is a prominent human rights lawyer. He is also a publisher and former member of both the Kenyan and Pan African parliaments. He has condemned what he calls 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 warned that vague language in the bill gives the state dangerous power. The bill criminalizes speech deemed “offensive.” “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 has a long history of defending democratic rights. He fought for freedoms during President Daniel arap Moi’s era. He argued that these cybercrime amendments violate Article 33 of Kenya’s constitution. That article guarantees freedom of expression. It protects the right to seek, receive, and impart information and ideas. Imanyara called the law not just unconstitutional but also “immoral.” He said it violates the legacy of those who fought and died for a democratic Kenya.
The Standard’s editorial board echoed these concerns. In an October 2025 analysis, the board wrote that the government is “hellbent on controlling what netizens post on social media.” The new laws “criminalise all forms of dissent,” the editorial warned. Offenders risk incarceration or hefty fines. Penalties can reach Sh20 million or 10 years in jail for posts deemed offensive.
Imanyara ended with a stark warning. Suppression historically births rebellion, he noted. “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.
It must maintain its world-leading AI adoption rate. At the same time, it must ensure that AI regulation does not criminalize digital speech. That speech has become essential to democracy and youth empowerment. The balance between innovation and freedom has never been more critical.
