Project summary

I would like to pursue the Law and Technology LLM at King’s College London (KCL) as the next deliberate step in my professional and academic development, with a goal of specialising in AI governance and policy. I’ve observed that world over, but especially in the African context, technological advancements often outpace existing legal frameworks, and the main challenge is that the constant push to regulate new technologies is not grounded in an understanding of said technologies. This leads to impractical regulation, which in turn hinders innovation.

Africa needs to develop policies and legislation with its people in mind, and in a manner that encourages investment in technology. This can only be done when the policy actors involved have a foundation that enables them to provide nuanced input in the policy making and legislative development processes. I want to be one of these actors, which is why I want to pursue the Law and Technology LLM at KCL.

What are this project's goals? How will you achieve them?

The LLM will equip me with the necessary skills and networks to work with governments, civil society and the private sector in developing AI/technology-related policies, and help me contribute to the growth of the Kenyan economy and Africa as a whole. I want to play an instrumental role in transforming the legal landscape not just in East Africa, but Africa as a whole to enable a technological revolution that lifts us out of poverty and improves our wellbeing.

It is clear that technology has the potential to make a difference in Africa, and the capacity to transform the continent, which is home to the world’s youngest population. However, this can only happen in an enabling environment which can unlock opportunities for the youth in this ever-evolving technological landscape. Currently, there is a lacuna in the law and I want to be at the forefront of developing policies and legislation that address the risks of AI and hopefully lead to better outcomes for future generations.

The breadth of the LLM’s units reflects the dynamic and constantly evolving technological landscape and the regulatory frameworks developed to govern it. The programme’s structure will provide me with a strong foundation to engage with complex issues with a global perspective from jurisdictions like the US, UK, EU and China and gives me grounding to specialise in AI governance and policy. Some of the modules that I will take include (i) Artificial Intelligence, Law & Society, which looks into the current efforts put in place to regulate the use of AI globally such as the EU Artificial Intelligence Act, (ii) Cyberspace Law: ‘Big Data’, Algorithmic Governance & Democracy, which explores the risks and benefits of deployment of generative AI tools and (iii) Information Privacy & Data Protection, which examines the role of data protection law as a key element in the emerging regulation of AI as well as the impact of AI on data protection law.

In addition to the coursework, I will also work on a dissertation on consumer protection rights in the age of AI. In my dissertation, I will address risks such as manipulation, discrimination, fraud and violation of privacy rights and whether current regulatory frameworks are sufficient to ensure protection of consumers given the significant increase in use of AI including chatbots, AI generated advertisements and deepfake technology. The aim of the dissertation is to surface gaps in the law and build a case for stronger AI/technology related consumer protection frameworks in East Africa in particular, and Africa as a whole. I intend to publish the dissertation in an open access journal and hope that this becomes a starting point for a discussion on the need to strengthen AI/technology related consumer protection frameworks in East Africa in particular, and Africa as a whole.

How will this funding be used?

The total budget of US$51,637.98 (£38,300 at the rate of £1 = US$1.35) would be used to cover 100% of my tuition for the LLM.

Who is on your team? What's your track record on similar projects?

During my time at DLA Piper Africa, Kenya (IKM Advocates), particularly over the last 2 years, we have been receiving queries on the regulation of AI in Kenya. Some of the queries have been on regulation of red-teaming to assess the security, vulnerabilities and ethical implications of an AI model, particularly whether red teaming is permitted from an employment law perspective, and if there are any considerations that one should contemplate when undertaking a red teaming exercise. I have also advised on queries on the privacy-related risks of having existing employees train an employer’s large language model by loading monitoring software onto employees’ laptops to record how they work and using the recordings to train an AI model. In addition to the above, I have advised a High-Altitude Platform Station (HAPS) manufacturer on their entry into the Kenyan market. Due to the novelty of this technology in Kenya, I had to consider cross-cutting regulatory issues, the impact of proposed legislative changes on their operations and provide guidance on how to navigate regulatory issues that I had identified. I have also advised a multinational technology company on the legal requirements for a telecommunications company operating a global satellite system as well as licensing of earth stations in motion, gateways and customer terminals in Kenya. Aside from work, I co-authored a paper titled “A Case for Continental Cooperation in the Harmonisation of a Regional Legal Framework for Cross-Border Data Transfers in Africa” (https://doi.org/10.29053/ajpdp.v1i1.0003) in the first edition of the African Journal on Privacy & Data Protection. In the paper, we addressed the significance of cross-border data transfers, while also considering the obstacles to such transfers, with a specific focus on data localisation and making a case for the African Union to assume a leading role in the formulation of a comprehensive continental legal framework that balances the imperatives of data protection and privacy with the boundless opportunities afforded by an unrestrained digital economy. I also had an opportunity to co-author and present a paper titled “How Can We Regulate Artificial Intelligence in Africa in the Face of the Fourth Industrial Revolution?” at the Conference on The State of Artificial Intelligence in Africa (COSAA) in 2023 (https://www.youtube.com/live/xkzzB_oHeig) and thereafter built on the paper for publication (https://drive.google.com/file/d/1JTnq0HeCBQ7QAwpF8-uG90pix7DzwGAL/view?usp=sharing). While the paper is yet to be published, I conducted research on the state of AI regulation in Africa by exploring the different use cases for AI in Africa, looking at countries (such as Egypt, Mauritius and Rwanda) which had developed or taken steps to develop national AI strategies and policies addressing, among other issues, the need for AI regulation. The research also looked into the rights and risk-based approaches to AI regulation.

What are the most likely causes and outcomes if this project fails?

Lack of resources would be the most likely cause of this project failing.

How much money have you raised in the last 12 months, and from where?

I have not raised any funding in the last 12 months.