KenyaArtificial Intelligence Bill, 2026, risk classification and prohibited systems
Artificial Intelligence Bill 2026 (Senate Bills No. 4), s. 25 (classification of artificial intelligence systems; unacceptable-risk prohibition)
An AI prohibited practices rule binding public and private bodies.
What it requires
- Do not operate a system that would be classified as unacceptable risk.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Who decides whether a particular system is of unacceptable risk for the prohibition in section 25(3): the Artificial Intelligence Commissioner, who 'shall classify artificial intelligence systems' under section 25(1), or the Cabinet Secretary, who prescribes 'the categories of classification' by regulations under section 25(2)?
What it makes you log
Logging duty
Section 25 has the Artificial Intelligence Commissioner classify artificial intelligence systems by risk, has the Cabinet Secretary prescribe the categories by regulations, and prohibits a system classified as unacceptable risk. It states no duty to create, keep or produce a log or record of anything.
- Kind
- None
- As of
What this law does
This measure is the Senate bill numbered 4 of 2026, published in the Kenya Gazette on and read a first time in the Senate on . As drafted, the Cabinet Secretary would classify artificial intelligence systems into unacceptable-risk, high-risk, limited-risk and minimal-risk categories on the recommendation of the Artificial Intelligence Commissioner, and a system classified as unacceptable risk would be prohibited outright.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions or generates content with AI.
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