The High Court in Kerugoya has declined to immediately stop the deployment of artificial intelligence systems in the country, despite a fresh petition by human rights activists warning of serious risks to constitutional rights and the 2027 General Election.
High Court Judge Edward M. Muriithi declined to grant the conservatory orders sought at the ex-parte stage, holding that the request to restrain the State from deploying artificial intelligence systems was wide-reaching and could not be issued without hearing the other parties.
The court nevertheless certified the application as urgent and directed that it be served on the respondents for inter partes hearing on February 19, 2026.
The petition has been filed by John Wangal, Peter Agoro and Antony Manyara against the Cabinet Secretary for ICT and the Principal Secretary in the State Department for ICT.
The petitioners argue that the rapid and largely unregulated deployment of artificial intelligence technologies in Kenya poses serious and imminent threats to fundamental rights and constitutional freedoms.
In their court papers, they state that Kenyans are already experiencing, and are imminently threatened with, violations of the rights to privacy, equality, non-discrimination, dignity and fair administrative action as a result of what they describe as unregulated AI deployment.
They are seeking conservatory orders restraining the respondents from deploying, authorising or operationalising artificial intelligence systems pending the hearing and determination of the petition.
The application has been filed under Articles 22, 23 and 159 of the Constitution of Kenya, 2010, and the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013.
The activists argue that artificial intelligence systems are being introduced without adequate legal, regulatory and institutional safeguards, exposing citizens to violations of privacy, equality, dignity, freedom of expression, fair administrative action, political participation, labour rights and consumer protection.
They have also raised concern over the 2027 General Election, warning that unregulated artificial intelligence could be used to facilitate electoral manipulation through deepfakes, disinformation, algorithmic interference and other tools capable of undermining free and fair elections.
The petition further highlights risks to vulnerable groups, consumers, the education sector, academic integrity, the intellectual property rights of Kenyan creators and the labour market arising from the fast-paced adoption of artificial intelligence technologies without clear oversight frameworks.
