ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY LAW IN KENYA: WHO OWNS AI-CREATED WORKS?

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.