Petitioners in court to stop deployment of high-risk AI 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, filed by John Wangal, Peter Agoro, and Antony Manyara against the Cabinet Secretary for ICT, Principal Secretary in the State Department for ICT,  seeks conservatory orders restraining the respondents from deploying, authorising, or operationalising AI systems pending the hearing and determination of the petition. 

"Kenyans are experiencing and are imminently threatened with violation of the rights to privacy, equality, discrimination, dignity, fair administration, and unregulated AI deployment," reads court papers.

The petitioners filed the application 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. 

They argued that AI systems were being deployed without adequate legal, regulatory, or institutional safeguards, exposing citizens to imminent violations of rights, including privacy, equality, dignity, freedom of expression, fair administrative action, political participation, labour rights, and consumer protection.

In their application, the petitioners also raised concerns about the upcoming 2027 general elections, warning that unregulated AI could facilitate electoral manipulation through deepfakes, disinformation, algorithmic interference, and other threats to free and fair elections.

They further highlighted risks to vulnerable populations, consumers, the education system, academic integrity, intellectual property rights of Kenyan creators, and labour markets due to rapid AI deployment without adequate safeguards.

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 a conservatory order restraining the respondents from deploying AI systems could not be granted at the ex parte stage, citing the wide-reaching nature of the relief.

The court ordered that the application be served on the respondents for a full hearing on  February 19, 2026, allowing both sides to present arguments before any conservatory orders are issued.