IS KENYAN LAW KEEPING UP WITH THE RAPID EVOLUTION OF TECHNOLOGY?


In our latest episode of Legal Insights with Mokua, we dive deep into one of the most pressing questions of our time: As technology evolves at a breakneck speed, is the Kenyan legal framework keeping pace?
 
We are joined by Renee Tikolo, an Advocate of the High Court of Kenya and a legal researcher specializing in the intersection of technology law and public policy. 

THE CHANGING LANDSCAPE OF TECH IN KENYA
 
Kenya’s emerging technology scene is largely driven by innovative startups and hustlers at the local level. These innovators often build solutions on top of open systems created abroad, such as those provided by Open AI. 
 
However, as Renee points out in the video, a significant challenge remains: technology evolves much faster than the law. While AI has been a major market presence for years, Kenya is only now discussing an AI Bill in 2026, creating a significant gap where innovation outpaces regulation.
 
THE DANGER OF COPY PASTING WESTERN LAWS
 
One of the most insightful parts of our discussion revolves around how Kenya approaches regulation. Renee highlights a concerning trend of transplanting laws from the West, such as direct copy-pasting from the EU AI Act into the Kenyan AI Bill. 
 
She argues that these frameworks are designed for different economies and infrastructures and may not work within our local context. Instead, we must analyze our own ecosystem to create laws that promote innovation while ensuring ethical governance.
 
AI IN THE LEGAL PROFESSION: THREAT OR TOOL?
 
For my fellow lawyers, this episode addresses the elephant in the room: Will AI replace us? Renee provides a balanced view, noting that while AI can handle repetitive tasks like drafting, reviewing, and research, it cannot replace the human touch, efficiency, and emotional connection that a lawyer provides. 
 
However, she warns of risks like hallucinations, where AI may cite non-existent cases or laws, making human oversight indispensable.
 
PRIVACY, DATA COLONIALISM AND IMAGE RIGHTS
 
We also explore the often-ignored realities of data privacy. From the jargon filled terms and conditions that make informed consent nearly impossible to the rise of data colonialism, where African data is used by foreign companies for profit without local awareness, the stakes are high. 
 
Renee shares a personal and moving story about finding a childhood photo of herself on a global image marketplace, sparking a vital conversation about the lack of a robust image rights legal framework in Kenya.

In conclusion, the future of technology in Kenya depends on our ability to be at the forefront of policy-making. As Renee eloquently puts it, African researchers and lawyers need to bulldoze their way into global AI dialogues to ensure our voices are heard.

This blog post only scratches the surface of our fascinating discussion. To get the full insights on how you can protect your data, navigate the risks of AI, and understand the future of legal practice in Kenya, watch the full video on the Legal Insights with Mokua YouTube channel. 
 
Don’t forget to subscribe, like, and comment on what you learned!
 
 
 
Catch you in the next blog! 
 
 

 Disclaimer- The information provided is for general informational purposes only and should not be considered as professional advice. Please consult a qualified professional for specific guidance. 

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