CULPABILITY IN THE ERA OF ARTIFICIAL INTELLIGENCE IN KENYA; AN OVERVIEW
Abstract
The boom of Artificial Intelligence (AI) has brought benefits and challenges alike.
One particular concern about the application of AI is the imposition of liability.
So far, establishing responsibility in the event that an AI system causes harm has
proven difficult for a variety of reasons. Primarily, AI systems are distinct in that
they lack transparency, which makes imposing liability difficult. AI also has a
sense of autonomy, which makes imposing liability on the programmer, software
developer, or user difficult, despite the fact that many liability regimes are human-oriented.
This creates a lacuna where the perpetrator of the crime, tort or harm,
often the AI system itself, is unpunished. This article examines current liability
regimes and highlights their shortcomings in determining culpability. It will also
propose various liability regimes with the goal of not only making amends for
wrongs committed but also acting as a deterrent.
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