Human rights activists have filed a lawsuit at the High Court in Kerugoya, seeking urgent intervention to stop the rollout of what they describe as “high-risk artificial intelligence systems” across Kenya.
The petitioners warn that the rapid and largely unregulated adoption of AI technologies poses serious threats to the fundamental rights and freedoms guaranteed under the Kenyan Constitution.
Activists Seek Court Orders to Block AI Systems
The case, filed by John Wangal, Peter Agoro, and Antony Manyara, targets the Cabinet Secretary for ICT and the Principal Secretary in the State Department for ICT. The activists are requesting conservatory court orders to prevent the government from deploying, authorizing, or operationalizing AI systems until the petition is fully heard and determined.In their court filings, the activists outlined a host of rights they argue are threatened by unregulated AI use.
“Kenyans are experiencing and are imminently threatened with violation of the rights to privacy, equality, discrimination, dignity, fair administration, and unregulated AI deployment,” the papers read.
The petition cites 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.
AI Deployment Lacks Legal Safeguards
The petitioners claim the government has implemented AI systems without adequate legal, regulatory, or institutional safeguards, leaving citizens vulnerable to violations of multiple rights. These include:
- PrivacyEquality and dignity
- Freedom of expression
- Fair administrative action
- Political participation
- Labour rights
- Consumer protection
They argue that the absence of oversight mechanisms exposes Kenyans to AI-driven abuses across governance, public services, and private sectors.
2027 Elections Could Face AI Manipulation
The activists also raised urgent concerns about the upcoming 2027 general elections, warning that unregulated AI could be used to manipulate outcomes through:
- Deepfakes
- Disinformation campaigns
- Algorithmic interference
- Other AI-powered tactics
They further highlighted risks to vulnerable populations, consumers, education systems, academic integrity, intellectual property, and labour markets, stemming from rapid AI deployment without proper safeguards.
Judge Declines Interim Relief
High Court Judge Edward M. Muriithi declined to grant the interim relief requested by the petitioners.
While the court recognized the urgency of the case, Justice Muriithi ruled that a conservatory order restraining AI deployment could not be issued ex parte due to the wide-reaching implications of such an order.
The judge directed that the application be formally served on the respondents, scheduling a full hearing on February 19, 2026, to allow both sides to present arguments before any court orders are issued.
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