Who bears the blame - Analysing what Kenya’s civil liability framework means for chatbot harms

Abstract

The increasing reliance on AI-driven systems in business operations has raised critical legal questions regarding liability for harms caused by chatbots. This study explores whether companies in Kenya should be held vicariously liable for chatbot-related harms, particularly in online customer interactions. It evaluates the applicability of existing liability frameworks—strict liability, negligence, and vicarious liability—to determine the most suitable approach for Kenyan courts when adjudicating chatbot liability disputes. The study’s scope focuses on analysing chatbot technology and the legal principles governing civil liability in Kenya. Given the absence of specific AI liability laws in Kenya, the research examines how courts can extend traditional legal doctrines to address chatbot-related harms, ensuring accountability while fostering responsible AI deployment. A doctrinal research methodology was employed, involving an in-depth analysis of statutes, case law, journal articles, and regulatory policies. Additionally, the study applied agency theory to establish a legal basis for holding chatbot deployers accountable under vicarious liability principles. The findings reveal that chatbot deployers exercise substantial control over chatbot operations, making vicarious liability the most effective framework for assigning responsibility. Chatbots function within parameters set by their deployers, creating an implied agency relationship similar to that between employers and employees. Courts can apply existing principles of agency law and respondeat superior to hold companies accountable for chatbot-related harms, ensuring victims have clear avenues for legal redress. The study recommends that courts recognise implied agency relationships between chatbots and deployers, define the scope of chatbot employment, establish a standard of care for chatbot oversight, and prioritise vicarious liability in chatbot-related disputes. By adopting these principles, Kenyan courts can develop a coherent legal framework that balances AI innovation with consumer protection, providing much-needed clarity in chatbot liability cases.