NAIROBI, KENYA – The European Commission confirmed on Friday, November 7, 2025, that it is considering delaying key provisions of its landmark Artificial Intelligence (AI) Act, the world's first comprehensive law regulating the technology. This move, reportedly driven by intense lobbying from major technology companies and the Trump administration in the United States, creates significant ripples for Kenya as it formulates its own AI strategy and navigates the global digital economy.

The AI Act, which officially came into force in August 2024, introduces a risk-based framework for AI systems, with a staggered implementation timeline stretching to 2027 and beyond. However, according to reports by the Financial Times and other outlets, officials are now weighing a "simplification package" to be decided on November 19. Proposed changes include a one-year “grace period” for companies that breach rules on high-risk AI and postponing fines for violations of transparency rules until August 2027. A Commission spokesperson stated that a "reflection was still ongoing" regarding the delays, which are intended to give developers more time to adapt without disrupting the market.

Global Benchmark in Flux

The EU AI Act is widely seen as a global standard-setter, a phenomenon often called the "Brussels effect," where EU laws influence international norms. Its extraterritorial reach means that Kenyan companies offering AI-powered services to the European market must comply with its stringent requirements on safety, transparency, and ethics. Any dilution or delay of the Act could, therefore, have a direct impact on the compliance burden and market access for Kenyan tech firms.

The pressure to amend the rules highlights a fundamental divergence in regulatory philosophy. The EU has prioritized a rights-based, precautionary approach, while the U.S. has largely favored a more market-driven model focused on innovation, with President Biden's 2023 executive order guiding federal agencies rather than imposing broad private-sector mandates. The Trump administration has continued to advocate against what it views as burdensome regulations on American tech giants.

Implications for Kenya's 'Silicon Savannah'

This global regulatory uncertainty coincides with a critical period for Kenya. The Ministry of Information, Communications, and the Digital Economy officially launched the country's first National Artificial Intelligence Strategy (2025-2030) on March 27, 2025. The strategy aims to position Kenya as a continental leader in AI research and innovation, balancing development with responsible and ethical governance.

The EU's potential pivot presents both challenges and opportunities for Kenya:

• Regulatory Guidance: Kenyan regulators have been looking to the EU's risk-based framework as a potential model. A significant weakening of the AI Act could leave a vacuum, forcing Kenya and other African nations to craft their AI governance frameworks with less established international precedent.
• Innovation vs. Regulation: A delay in EU enforcement might be welcomed by some in Kenya's tech sector who have previously argued that premature regulation could stifle innovation and deter investment in the nascent local AI ecosystem.
• Market Access: For Kenyan startups and scale-ups with ambitions in the EU market, the delay could provide welcome breathing room to adapt to complex compliance demands. However, it also introduces unpredictability into their long-term strategic planning.

Kenya's strategy already emphasizes data sovereignty, ethical AI, and sector-specific applications in areas like agriculture, healthcare, and finance. Ambassador Philip Thigo, Kenya's Special Envoy on Technology, has been a vocal advocate for ensuring AI is governed by principles of fairness and inclusivity that empower the Global South.

A Continental Conversation

The situation in Brussels will also be closely watched by the African Union. The AU adopted its own Continental AI Strategy in July 2024, which calls for a unified, Africa-centric approach to AI that fosters innovation while mitigating risks. The strategy encourages member states to develop national policies that align with this continental vision, emphasizing collaboration and ethical guidelines. The EU's decision will invariably influence the tone and urgency of these continent-wide regulatory discussions.

As the European Commission finalizes its decision, Kenya stands at a digital crossroads. The government's goal, as stated in its AI strategy, is to strike a delicate balance between unlocking AI's potential and safeguarding citizens' rights. The shifting sands of global AI regulation will demand a nimble and clear-sighted approach from Nairobi to ensure the 'Silicon Savannah' thrives responsibly in the age of intelligence.