@article{2026:ligadho:artificial,
title = {ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY LAW IN KENYA: WHO OWNS AI-CREATED WORKS?},
year = {2026},
note = {Kenya is rapidly adopting artificial intelligence (AI), and using it
to spark new ideas, fuel creativity, and drive the economy forward.
One can feel the country’s ambition to become Africa’s top AI
destination. AI is evidently used everywhere from art and music to
tech, healthcare, farming, and public services. It has enabled people
to have powerful new tools to solve problems, speed up innovation, and
express themselves in ways that just weren’t possible before.
However, the law isn’t keeping up. Kenya’s main laws on copyright
and patents like the Copyright Act and Industrial Property Act were
drafted with human creators in mind. These laws never envisioned a
world where AI could create art, music, or even inventions on its own.
Therefore, when AI works without real human help, those creations do
not fit into the current legal system. There is no clear way to
recognize or protect them, which leaves such creations and investions
in a rather tough spot. Research shows that most Kenyan artists and
inventors use AI as a tool to help with their projects. In those
situations, people still get credit as the authors or inventors. That
uncertainty about ownership of AI makes people nervous about investing
or sharing these works. On top of that, most AI tools and data come
from outside Kenya, which can lead to cultural bias and push African
stories and knowledge to the sidelines. If Kenya wants to get the most
out of AI, it needs to update its regulations. This means rethinking
who gets credit when AI is involved, making sure ownership is clear,
and building a legal system that actually fits this new reality. The
country needs laws that protect AI-generated work, stronger
institutions to enforce them, and clear regulations for all creators,
investors, and the public. If done correctly, this approach will
protect local talent, encourage new ideas, and put Kenya in a strong
position as a leader in AI. Ultimately, getting this balance right
helps everyone who is driving growth, making sure no one is left out,
and keeping Kenya’s culture alive in a fast-changing world. This
research looks into the murky nexus between AI and Intellectual
Propert (IP) law in Kenya. It looks at how the current regulations
play out when AI is involved, who ends up owning what, and where the
biggest legal blind spots are. It leans on Kenya’s AI Strategy,
picks apart the statutes, and pulls in real-world examples from the
creative and tech industries. The truth is, AI is moving fast in
Kenya, but the law is lagging behind. The bottom line is that Kenya
needs clear legal framework on AI and IP. Without them, creators and
innovators are left unprotected. Cultural interests hang in the
balance, and the country risks missing its shot to lead the region in
ethical and sustainable AI.},
journal = {KAS African Law Study Library},
pages = {64--74},
author = {Ligadho, Ng’ani Chrisphine},
volume = {13},
number = {1}
}