WELLINGTON/NAIROBI – The decision by New Zealand’s most prestigious literary prize, the Ockham New Zealand Book Awards, to disqualify two books due to the use of artificial intelligence in their cover designs has sent ripples across the global creative community, raising critical questions for Kenya’s burgeoning publishing and arts sectors.

On Monday, 17 November 2025, it was confirmed that Stephanie Johnson’s short story collection, Obligate Carnivore, and Elizabeth Smither’s novella collection, Angel Train, were removed from consideration for the NZ$65,000 (approx. KSh 5.2 million) fiction prize. The New Zealand Book Awards Trust, which administers the awards, cited new guidelines introduced in August 2025 that prohibit works containing AI-generated illustrations or content.

The publisher of both books, Quentin Wilson, expressed his disappointment, noting that the rule change came too late for publishers who had already completed their design processes. “It is obviously heartbreaking that two wonderful pieces of fiction by highly respected authors have become embroiled in this issue, even though it has absolutely nothing to do with their writing,” Wilson stated.

Nicola Legat, chairperson of the book awards trust, defended the decision, stating it was made to support the “creative and copyright interests” of the country's writers and illustrators.

The Kenyan Connection: A Regulatory Grey Area

The precedent set in New Zealand serves as a stark wake-up call for Kenya's creative economy, which contributes an estimated 5.3% to the nation's GDP. A 2024 study by Creatives Garage and the Mozilla Foundation revealed that Kenyan creatives are rapidly adopting AI, with over 75% using generative tools for tasks like image generation, editing, and graphic design. However, this rapid adoption is occurring in the absence of clear local regulations.

Currently, the Kenya Copyright Board (KECOBO) operates under the Copyright Act of 2001, which defines an author as the person who makes the necessary arrangements for a work's creation. This leaves the legal status of AI-generated or AI-assisted works ambiguous, as Kenyan courts have not yet ruled on the matter. Legal experts note this creates a significant grey area regarding ownership and originality, with the current law only recognizing human authorship.

Similarly, major Kenyan literary awards, including the prestigious Jomo Kenyatta Prize for Literature, do not yet have explicit public policies regarding the use of AI in submissions. This lack of clarity could lead to future disputes similar to the Ockham controversy, potentially affecting Kenyan authors and designers.

A Global Debate with Local Implications

The controversy highlights a worldwide struggle within creative industries to balance technological innovation with the protection of human artistry and intellectual property. Concerns range from job displacement for designers and illustrators to complex copyright infringement issues, where AI models are trained on vast datasets of existing art without permission or compensation.

In Kenya, these concerns are particularly acute. The Creatives Garage report found that job displacement and copyright infringement are the biggest threats perceived by local artists. Kiarie Kamau, chairman of the Kenya Publishers Association (KPA), acknowledged in a September 2025 interview that publishers are integrating AI to improve efficiency but stressed the need to examine the ethical and legal considerations. The KPA has stated its commitment to promoting creativity and preserving Kenya's cultural heritage, objectives that are now intertwined with the AI debate.

As Kenyan creatives increasingly use AI to compete on a global stage, the need for a clear legal and ethical framework becomes paramount. Legal analysts suggest that Kenya may need to amend its Copyright Act to distinguish between AI-assisted works (where a human provides significant creative input) and fully AI-generated works, a step necessary to protect creators and provide certainty for the industry.

The decision by the Ockham Book Awards, while geographically distant, is a critical case study for Kenya. It underscores the urgent need for proactive dialogue among stakeholders—including KECOBO, the Kenya Publishers Association, and literary prize organizers—to develop robust policies that foster innovation while safeguarding the rights and livelihoods of Kenyan creators. Without such guidelines, Kenya's creative sector risks facing its own heartbreaking disqualifications and legal battles.