Kenya Wants Foreign AI Companies to Follow Local Rules Under Draft Policy

Kenya's draft Artificial Intelligence and Other Emerging Technologies Policy 2026 would require AI companies serving users in the country to comply with Kenyan laws, even if they have no physical presence locally.

The proposal is one of the more far-reaching provisions in the draft policy currently open for public participation until August 4th. If adopted, it would extend Kenya's AI governance framework beyond locally registered businesses to include foreign developers whose models and services are used within the country.

The draft states that AI developers and providers must respect Kenyan laws, human rights standards, and governance requirements regardless of where they are headquartered. That means companies offering AI tools to Kenyan users could still fall within the country's regulatory framework even without offices, employees, or data centres in Kenya.

The policy also introduces new protections for workers involved in developing AI systems. It calls for fair labour practices across the AI value chain, including people working in data annotation, content moderation, data collection, and other forms of AI-related digital labour.

Kenya has become one of Africa's largest hubs for AI training and content moderation work, supplying labour for global technology companies developing large language models and other AI systems. The draft policy recognizes that workforce as part of the country's broader AI ecosystem and proposes safeguards alongside technical governance measures.

Exactly how these requirements would be enforced against companies operating outside Kenya remains unclear. The draft does not yet spell out specific compliance mechanisms or penalties for foreign AI providers, leaving those details to future legislation or regulations.

The proposal forms part of Kenya's broader AI governance agenda, which also includes plans for a National AI and Other Emerging Technologies Council, a Kenya AI Safety Institute, and a public AI registry. Together, these institutions would oversee how artificial intelligence is developed, deployed, and governed across the country.

The draft policy remains open for public participation until August 4th. Readers can review the document and submit feedback through the Ministry of Information, Communications and the Digital Economy's public participation portal.