Kenya requires stand-alone law on artificial intelligence
ICT Cabinet secretary Joe Mucheru speaks during the unveiling of the Distributed Ledger and Artificial Intelligence Task Force at Telposta Towers in Nairobi in February. photo | SALATON NJAU
There will be a need for a standalone law on AI even as technological advancements are made in the field.
An AI based invention is not just another invention but it is one that is likely to raise a lot of moral and ethical issues taking the example of the killer robots.
Artificial Intelligence (AI) is a trending global topic as the UN is set to discuss this issue soon. There have been a lot of inventions in the field.
AI has been defined in one dictionary as the development of computer systems, which perform tasks that require human intelligence such as visual perception, speech recognition and decision making.
AI has attracted a lot of debate despite it being in existence for some time. My take is that these debates are stemming from a need to balance technological development with ethical and moral issues.
Some religions would frown on AI not only due to a perceived threat to mankind but also due to the diverse products and services that can be created using AI Some of the products (let’s call them robots) are against morals.
Yet AI is used in some businesses, for example assisting in fraud detection. The robot is able to trace unprocedural online transactions.
Robots are used in online customer care and also in forex trading. Human beings are limited in terms of physical endurance. For example it is difficult for one person to stay up 24 hours attaching the stock market and therefore the need for robots. A.I is still used in businesses boosting their efficiency.
In the legal profession there have been talks of an AI empowered robot lawyer and concern on how this may affect the trade. A robot lawyer can be used for extensive research. AI is applicable no matter the sector one is in. Recently there was a launch of a self-driving car.
Many militaries are considering using automated weapons, a form of AI that can be used to hit set targets. Recently a South Korean University found itself on the spot after plans to develop armed robots (killer robots). The plan received a lot of opposition from many countries and the UN plans to discuss the issue of killer robots.
Bringing it back home, Kenya and many other countries do not have a direct legislation on AI.
AI would be governed under computer laws and therefore the relevant authority would be the Communications Authority of Kenya.
In my view there will be a need for a standalone law on AI even as technological advancements are made in the field. An AI based invention is not just another invention but it is one that is likely to raise a lot of moral and ethical issues taking the example of the killer robots.
In Kenya research and development is regulated under the Science, Technology and Innovation Act, which provides that a researcher needs a permit. An AI based research is likely to touch on public good and therefore a licence will be required.
An AI-based invention would qualify for protection under intellectual property laws that cover utility models and patents. The Industrial Property Act, which contains these two provisions forbids the granting of intellectual property rights where the products or service would be contrary to public good.
It is therefore unlikely that the Kenyan patent office would grant a patent for a killer robot or other robots that are immoral. There is not much legal framework on AI and issues of morals are still in the grey zone. It is difficult to define “morals.” However in a few years time we may have a ‘Robot Law’.
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