The European Union Artificial Intelligence Act came into force on August 1, 2024, and will be effective from August 2, 2026.
The AI Act aims to ensure that AI systems in the EU are safe and respect fundamental rights and values. Moreover, its objectives are to foster investment and innovation in AI, enhance governance and enforcement, and encourage a single EU market for AI.
This regulation is remarkable for two main reasons. First, it has a horizontal dimension covering in principle (all) hazardous AI systems and models. Second, it is of a binding legal nature going beyond classical AI ethical principles such as those developed by Unesco, the OECD or the HLEG on AI.
This law introduces a four-tier classification system for digital technologies based on potential risks. These categories - ranging from minimal to unacceptable risk - determine the level of oversight and compliance requirements for technology developers and deployers. Despite being European legislation, the law's reach extends globally through its market access requirements.
International companies seeking to operate in European markets tend to align their worldwide operations with European standards. And thus, the pattern of European regulatory influence in Africa isn't new. Following Europe's adoption of the General Data Protection Regulations (GDPR) in May 2016, numerous African nations implemented similar privacy laws.
Market observers expect this trend to continue as the new European technology rules take effect, especially in the Artificial Intelligence emergent technology domain.
Since the main aspect behind this regulatory alignment is the risk-based framework of the EU AI Act, one may say that the EU is influencing Kenyan authorities’ approach to AI governance by categorising AI systems according to their potential for harm. Kenya's policy frameworks are gradually incorporating mandatory effect evaluations, technical documentation, and human supervision mechanisms—all characteristics of EU legislation.
As Kenya's regulatory environment increasingly reflects EU standards, foreign companies will face mounting pressures to align their operations accordingly.
To meet these requirements, expert advice, guidance, and opinion will be essential. Without proper support, firms may struggle to keep pace with the regulatory demands, facing major difficulties that could affect their long-term viability in the region.
An important turning point in the development of tech governance in Africa is shown by the impact of the EU AI Act on the continent's regulatory environment. Due to market forces and cross-border business realities, we predict that many African countries will move toward EU-aligned frameworks as the African Union advances its Continental AI Strategy.
This integration of regulations offers both strategic benefits and compliance issues to both local and multinational tech companies. Whether Africa’s tech hubs can use these imported standards and still have a competitive edge in the global AI race is the main question as markets like Kenya adjust to this new regulatory environment.
Early adopters who foresee and follow these new legislative tendencies could have a major first-mover advantage in Africa’s digital economy.
The writers are advocates of the High Court of Kenya
