Digital rights advocates warn that traditional knowledge held by Kenyan communities could be commercialised without their consent or fair benefit as artificial intelligence expands.
Miriam Wanjiru, East Africa coordinator at Paradigm Initiative noted that Kenya risks losing control of its rich indigenous knowledge as artificial intelligence (AI) developers collect information to build technologies that could generate commercial benefits without adequately protecting the communities that hold it.
She noted that communities possess knowledge passed down through generations, from traditional methods of predicting rainfall to indigenous practices used in agriculture and forest conservation. Wanjiru warned that this knowledge could be exploited if safeguards are not put in place as AI becomes more widespread.
She said communities must understand their rights before sharing traditional knowledge that could be used to develop products for sale in local and international markets.
“If this knowledge is used to create a product that will be sold to different countries, how can communities benefit monetarily? How does this present risks to my community?” she asked.
Wanjiru was speaking during a discussion with science journalists on digital rights and inclusion in Kenya, where participants examined the implications of emerging technologies for communities and their rights.
She said journalists should help communities question how their knowledge is collected, who uses it and whether they have given informed consent.
Traditional knowledge remains important in Kenya's agriculture and environmental conservation sectors. For instance, some Maasai communities use observations of goat intestines as one of their traditional ways of predicting rainfall, while the Kaya forests along the Coast preserve cultural heritage and indigenous knowledge associated with forest conservation.
As AI systems increasingly rely on large amounts of information, Wanjiru warned that knowledge which has traditionally been shared orally could be collected and used without the communities' knowledge.
“Some of it is not even written or documented on websites or in books. Some of it is passed down from your grandparents,” she said.
She called on the government to ensure that policies governing emerging technologies explicitly address the protection of indigenous knowledge and community data.
Wanjiru said safeguards should be established before information is collected rather than waiting until a violation has occurred to seek redress.
“Let us anticipate, let our laws be anticipatory because it will keep happening,” she said, noting that data collection and commercialisation could affect agriculture, health and other sectors.
Kenya has a legal framework for protecting personal information through the Data Protection Act, 2019. The Office of the Data Protection Commissioner (ODPC) oversees compliance with the law and handles complaints relating to the processing of personal data.
The scale of data-protection concerns is reflected in figures reported by the ODPC. By March 2025, the office had received 7,128 complaints, issued determinations in 215 cases, imposed penalties on 10 entities and awarded compensation in 103 cases. A further 39 cases had been resolved through alternative dispute resolution.
The figures relate to personal-data protection generally and do not establish how many cases involve indigenous knowledge. However, they highlight the importance of having mechanisms through which people can challenge the misuse of information.
According to 2025 Digital Rights and Inclusion Report by Paradigm Initiative, Kenya scored 37 out of 60 in its assessment of digital rights, up from 34 in the previous year. The report assessed 29 African countries using 12 indicators, including data protection, privacy, digital inclusion and AI governance.
Although the assessment indicates progress, questions remain about how existing laws and policies can protect knowledge collectively held by communities and passed down orally across generations.
Wanjiru urged journalists to hold technology companies and the government accountable by asking how information is collected, whether communities have consented to its use and whether they benefit when their knowledge is commercialised.
She said reporting on digital rights should not be left to technology journalists alone because AI affects agriculture, health, education, security and the environment.
Instant analysis
Kenya's Data Protection Act, 2019, provides a framework for safeguarding personal data, while the ODPC handles complaints over its misuse. By March 2025, the office had received 7,128 complaints, demonstrating the importance of data-protection oversight.
Hannah Wendot, Gender, Culture and Social Services Cabinet Secretary during the International Indigenous Knowledge conference held in Murang'a on April 23, 2026/ ALICE WAITHERA
