Welcome to the latest East African IP Newsletter issue, where we bring you insightful articles and updates from Bowmans. We hope you find these articles both enlightening and enjoyable.
Kenya: Navigating copyright and generative AI in the music industry: Opportunities, challenges and legal pathways by Daniel Mwathe, Ariana Issaias, Wilson Waithaka, Sahara Ali
In celebration of World IP Day 2025, themed “IP and Music: Feel the Beat of IP,” we explore the significant impact generative AI is having on Kenya’s music landscape. Today, AI tools are revolutionising how music is created, opening new opportunities for Kenyan artists by making production faster, more affordable, and more innovative.
Yet, while AI presents exciting opportunities, it also introduces pressing legal and ethical challenges. This article highlights critical risks such as copyright infringement that arise from AI training, questions around authorship, and misuse of artist likenesses through voice cloning. It points out that Kenya’s current Copyright Act falls short of addressing these emerging threats.
Drawing lessons from international cases and in alignment with Kenya’s 2025–2030 National AI Strategy, there is a need for targeted legal reforms. These reforms should include amending the Copyright Act to cover AI-generated work, establishing licensing and transparency frameworks for AI training datasets, and enhancing protections for artist identity and voice rights.
Kenya: Unveiling of the National AI Strategy 2025-2030 – A bold step into the future by John Syekei, Ariana Issaias, Richard Odongo
On 27 March 2025, Kenya launched its National Artificial Intelligence (AI) Strategy (2025-2030), a major milestone in advancing AI adoption and governance. Developed through a multi-stakeholder Technical Working Group, the Strategy provides a roadmap for responsible AI development, aligning with Kenya’s digital economy goals. It seeks to bridge regulatory, investment, and skills gaps while driving AI innovation across key sectors.
The Strategy is the result of a comprehensive and consultative process that began in April 2024. The Strategy seeks to create an enabling environment for AI innovation, economic growth, and inclusive development. It examines the relationship between emerging technologies and AI, considering global, regional, and national influences on AI adoption.
The launch of the AI Strategy spearheaded by the Ministry of Information, Communications, and the Digital Economy signals new opportunities for technology companies, developers, startups, and investors in Kenya. The proposed reforms could unlock funding for AI innovation, create new jobs, and attract foreign direct investment, particularly in the technology space in Kenya and within the region.
Kenya: The Virtual Asset Service Providers Bill, 2025 – Advancing trust and innovation in virtual assets by Dominic Indokhomi, Daniel Mwathe, Cynthia Amutete, Richard Odongo, Elvis Wakaba
Kenya has officially entered its own unique era of virtual asset regulation. On 4 April 2025, the Virtual Asset Service Providers Bill, 2025 (the Updated Bill) was tabled before the Kenyan National Assembly, shortly followed by its First Reading on 8 April 2025, marking the formal launch of the legislative process.
An evolution of the January 2025 draft Bill, the Updated Bill is a watershed moment for the country’s virtual asset ecosystem. It aims to boost legitimacy and investor confidence while introducing robust compliance obligations for virtual asset service providers (VASPs). The Updated Bill further aims to establish a functional regulatory framework for virtual assets (VAs) and VASPS which will be geared towards addressing existential risks such as financial misuse, consumer protection, money laundering/terrorism-financing and several regulatory gaps.
This Updated Bill could shape the future of virtual assets in Kenya and Africa at large, by carefully balancing regulation with innovation in the ever-changing virtual assets eco-system. As the Updated Bill moves through the legislative cycle, founders, startups, and developers should proactively align their offerings, products and services with its requirements.
Kenya: Unlocking the power of utility models by David Opijah and Taria Khaoma
Kenya’s intellectual property framework offers utility models as a practical alternative to patents for protecting minor but valuable innovations. Governed by the Industrial Property Act, Cap 509 Laws of Kenya, utility models provide quicker, more affordable protection for technical improvements that may not meet the high inventiveness threshold required for patents.
This article explores the legal and procedural landscape surrounding utility models in Kenya including their eligibility criteria, simplified registration process, and strategic benefits for SMEs and independent inventors.
Tanzania: Court’s decision on virtual assets by Evarist Kameja
As we previously reported, the Bank of Tanzania on 12 November 2019 issued a public notice cautioning the public against trading, marketing and usage of virtual currency. Currently, in a landmark ruling, the High Court of Tanzania has affirmed that cryptocurrency trading is not illegal, provided the transactions are taxed under existing laws. This decision, delivered in Yellow Card Tanzania Ltd v. Nyamwero Michael, marks a significant shift in the legal recognition of virtual assets in Tanzania.
The ruling serves as a critical step towards aligning Tanzania’s financial ecosystem with global trends in digital finance.
