Kenya Copyright Tribunal Sets Precedent: AI Cannot Be Listed as Author

The Copyright Tribunal of Kenya has issued a landmark ruling clarifying that works generated by artificial intelligence cannot be copyrighted or registered as original creations under Kenyan law. This decision stems from a dispute involving Cynthia Beldina Akoth, author of Bible Scripture Stories, who used AI tools to produce content for the Aryeh Movement.

The Case Background

The dispute began when Aryeh registered literary works created with AI assistance under its own name rather than that of Beldina. After their working relationship ended, Beldina filed a complaint with the Kenya Copyright Board (KECOBO), which initially revoked Aryeh’s registration certificate.

The Tribunal’s Reasoning

The Tribunal noted that while creators can freely use AI as a tool, under Kenyan law, only humans can be considered authors. It emphasized that copyright protection requires originality, creativity, and intellectual effort—qualities it found difficult to attribute to machines.

According to the tribunal: “There has to be an element of sufficient human intervention to determine the extent of copyrightability of works generated by AI.” They added that AI-assisted work qualifies for protection only when creators can demonstrate substantial human contribution shaping its original character.

Implications for Kenyan Creators

This ruling does not prohibit using AI tools like ChatGPT or Gemini in creative projects. However, it establishes a clear principle: AI can be a collaborator but cannot be listed as co-owner of copyright. To commercialize AI-assisted content, creators must maintain records demonstrating their own original input and how it shaped the final work.

The Tribunal also clarified that KECOBO’s mandate is limited to maintaining the copyright register, not resolving ownership disputes—a function better suited for judicial bodies.

This decision offers both reassurance and caution: AI use does not automatically disqualify works from copyright protection, but substantial human creativity must be demonstrably evident in the final product.