Kenyan companies will soon have to tell customers when they are dealing with artificial intelligence instead of a human. This is according to a new draft government policy that introduces sweeping transparency rules for the technology.
The proposed Kenya Artificial Intelligence and Other Emerging Technologies Policy says individuals have a right to know when an AI system is acting on them. It also requires organisations to disclose when customers are communicating directly with AI. This is one of the clearest consumer protection measures to come out of Nairobi’s growing effort to regulate how businesses use AI.
If adopted, the rule would affect many sectors. Banks that use AI in credit decisions would be covered. So would insurers processing claims, telecom firms running customer service chatbots, employers screening job applicants, hospitals using clinical decision tools, and media houses publishing AI-generated content. In short, any business where AI stands in for a human, or shapes decisions that affect a person’s rights or access to services, would need to disclose that clearly to the public.
This move puts Kenya in the same lane as other countries tightening AI transparency rules. Europe already requires that users be told when they are interacting with certain AI systems. Providers of AI-generated or altered content there must disclose this in many cases too. In the United States, states like California now require AI-generated content in political ads to carry disclosures. Federal regulators have also warned companies against misleading consumers about their use of AI.
The disclosure rule sits inside a lengthy draft policy running over 200 pages. It marks a shift in Kenya’s approach. Instead of simply promoting AI adoption, the government now wants to actively regulate how it is used across industries. Officials say the goal is to balance innovation with protection against discrimination, unclear decision-making, and misuse of the technology.
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The timing makes sense. Kenyan banks and insurers have been quietly folding generative AI into customer support, fraud detection, marketing, and internal operations. Often, customers have no idea AI is involved at all. The draft policy pushes for AI systems to stay explainable and auditable. It also insists that humans keep meaningful oversight over any AI system that touches a person’s rights, safety, or access to essential services.
There is a bigger ambition behind this too. Kenya wants to become a hub for AI governance on the continent. The country has already backed a continental push for more investment in African computing infrastructure and locally built AI models. It is also set to host a major global AI summit in 2027, the first time such an event will happen in Africa.
Still, some questions remain unanswered. The draft does not say whether every single chatbot exchange would need a disclosure. It is also unclear how businesses should judge when AI has meaningfully shaped a decision, or what penalties companies could face for failing to comply. Those details will likely come later, through separate implementing regulations, if the policy is formally adopted.
Public feedback on the draft is still open. How the government handles pushback from industry players will shape what the final policy looks like.
