Human rights activists have filed a petition at the High Court in Kerugoya seeking urgent orders to halt the deployment of what they describe as “high-risk artificial intelligence systems” in Kenya.
The petitioners argue that the rapid and largely unregulated use of AI technologies poses serious threats to fundamental rights and constitutional freedoms.
The case was filed by John Wangal, Peter Agoro and Antony Manyara against the cabinet secretary for information and communications technology and the principal secretary in the State Department for ICT. The applicants are seeking conservatory orders to restrain the respondents from deploying, authorising or operationalising AI systems pending the hearing and determination of the petition.
According to court papers, the petitioners argue that Kenyans are already experiencing, or are imminently threatened with, violations of constitutional rights, including the rights to privacy, equality, dignity, freedom from discrimination and fair administrative action, as a result of unregulated AI deployment.
The application was filed under Articles 22, 23 and 159 of the Constitution of Kenya, 2010, as well as the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013. The petitioners contend that AI systems are being rolled out without adequate legal, regulatory or institutional safeguards.
They said this exposes citizens to potential violations of a wide range of rights, including freedom of expression, political participation, labor rights and consumer protection.
The petition also raised concerns about the 2027 general elections, warning that unregulated AI could be used to manipulate electoral processes through deepfakes, disinformation, algorithmic interference and other threats to free and fair elections.
In addition, the applicants cited risks to vulnerable groups, consumers, the education system, academic integrity, intellectual property rights of Kenyan creators and labor markets, arguing that rapid AI adoption without safeguards could cause widespread harm.
However, High Court Judge Edward M. Muriithi declined to grant the interim relief sought by the petitioners.
While the court certified the application as urgent, it ruled that the request for conservatory orders restraining the deployment of AI systems could not be granted at the ex parte stage because of the wide-reaching nature of the orders sought.
The court directed that the application be served on the respondents for a full hearing scheduled for Feb. 19, 2026, allowing all parties to present their arguments before any conservatory orders are considered.
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