We should prioritise tech and artificial intelligence

UDA, the ruling party, rode on the wave of hustler narrative christened ‘bottom-up’ economics model to try and resuscitate an ‘economy in ICU’ as they put it.

The President’s recent speech at the United Nations General Assembly buttressed this point. The reality, however, is that artificial intelligence has to be a pillar in this economics since it is the crux of the Fourth Industrial Revolution.

It is worth noting that the Kenya Kwanza government agrees that free internet is a priority so that we do not fly blind. Artificial intelligence (AI) is the development of computer systems, which perform tasks that require human intelligence such as visual perception, speech recognition and decision-making.

The Covid-19 pandemic increased joblessness levels in the country tremendously and the economy took a serious beating. According to Mr Andrew Wasike in the A A-Africa report dated September 9, 2021, approximately 740,000 Kenyans lost their jobs in 2021 amid the pandemic. As if that is not enough, cometh AI to our doorsteps and we cannot wish it away — meaning, we live with the looming threat of robots replacing human workers at our workplaces.

800 million jobs

A December 2017 McKinsey Global Institute report on workforce transitions in a time of automation estimates that 800 million jobs could be wiped out by 2030. The argument pushed by AI lobbyists is that humans must improve on the skills they possess.

Further, machines and AI algorithms never get tired, require no insurance cover nor a salary and their output is way above humans. AI detects fraud in online transactions and can offer online customer care every day for 24 hours, manifesting unrivalled endurance and efficiency.

Performing complex tasks with accuracy, speed and at a lower cost; justification enough to replace humans in profit-making ventures. AI is utilised across several sectors such as agriculture, health, education, fintech and transport. But, is our society ripe for AI? Is Kenya ready for AI?

Kenya has no AI-specific laws. It banks on the Data Protection Act, 2019 complemented by the Computer Misuse and Cybercrimes Act of 2018. On the other hand, the relevant authority to regulate AI would be the Communications Authority.  

The Data Protection Act stipulates that automated decision-making must happen with human input to reduce instances of biased decision-making and avert major pitfalls; unless it is consensual, necessary for the performance of a contract, or authorised by law.

Under this provision, a data controller is required to notify a person within a reasonable period of time that an AI decision has been rendered that may produce legal effects. The person may then request the data controller to reconsider the decision or to make a new decision not based on the automated processing. Notably, this is still inadequate to regulate and govern AI.

Technology

The AI Readiness Index 2020 ranks Sub-Saharan Africa as the least-scoring region globally. The index assesses a government’s AI readiness based on three pillars namely, government; technology sector; and, data and infrastructure.

It primarily measures the steps taken by governments to implement AI. Kenya is ranked 71st behind Mauritius, South Africa and Seychelles. Rwanda closes the African list in the top 100. With all the hype around the Fourth Industrial Revolution (4IR), Kenya has to make laws on AI. Currently, there is still no concrete law on AI and this legal black hole leaves Wanjiku at grave risk.

AI looks like a poisoned chalice; it is accompanied by several risks starting with job losses, privacy violations, weaponisation of data, unlawful content moderation practices, AI bias, surveillance, lack of mandatory insurance on AI equipment and lack of awareness on AI. The Fourth Industrial Revolution’s spine is in AI. However, the main challenge remains the laws and regulations on AI that are long overdue.

Mr Ayuo is a legal researcher and tutor. [email protected]