This archive report was first published on 11 August 2019.
On August 11, 2019, Cathy Mputhia posed a thought-provoking question in her article: Is the world ready to give robots legal rights?
Artificial intelligence (AI) has become increasingly prevalent in various sectors, necessitating radical legislative changes to support its growth. However, the legislative process may not be as fast as technological changes, leading to grey areas in the application of AI.
The Kenyan Government established a Blockchain And Artificial Intelligence Taskforce to address these emerging technologies. The taskforce submitted its report to the cabinet secretary in charge of ICT, but its findings have not yet been made public.
AI has a long history, dating back to the 1950s when John McCarthy began studying the development of intelligent machines. Today, AI is a subject garnering global attention, with Kenya being a growing AI destination. The existence of an AI association and the hosting of international conferences on AI, such as The World AI show in Nairobi, indicate the country's growing interest in AI.
However, there are many grey areas when it comes to the applicable law on AI, particularly in the area of robotics. Robots can perform and simulate many activities that involve the human intellect, raising the question: Can a robot be deemed a person at law?
The Law of Persons generally recognizes natural persons (human beings) and artificial persons (corporate entities). Do robots fall under this category? The granting of citizenship to a humanoid robot named Sophia by Saudi Arabia in 2017 has sparked debate about the rights of robots. What rights does Sophia have, and what sex and age is she?
Another debate surrounds whether robots can be recognized as inventors in patent applications. The general law states that an inventor must be a natural person, but AI has enabled robots to invent. Some professors have called for legislative changes to allow robots to be recognized as inventors, particularly in the creative industry where AI-generated art and music are becoming increasingly common.
As AI continues to grow, the question remains: Is the world ready to legislate and give legal rights to the new sexless, ageless race known as robots?
