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Faith Musyoka, Adv. May 5, 2026Emerging Technology

Protecting Your Brand from AI-Generated Fakes

Navigating the new Artificial Intelligence Bill, 2026 to protect your business logos and images in Machakos

AI generated fake logo concept

Artificial intelligence can now generate hyper‑realistic images, videos, and voice clones. A competitor or bad actor could take your registered brand logo, feed it into an AI generator, and produce a slightly altered “fake” version to mislead your customers – or worse, create defamatory deepfakes of your managing director. Kenya's new Artificial Intelligence Bill, 2026 (expected to be enacted mid‑2026) introduces Kenya's first legal framework specifically addressing AI‑generated content, including liability for deepfakes, disclosure obligations, and penalties for unauthorised use of protected brands. This guide explains what every business owner in Machakos needs to know.

Key provision: Clause 27 of the AI Bill makes it an offence to intentionally create or distribute AI‑generated synthetic media that falsely associates a person or brand with any statement or product, without clear disclosure that the content is AI‑generated.

What the AI Bill 2026 Means for Brand Owners

  • Any AI‑generated content that uses a registered trademark or brand logo without authorisation is presumed infringing, unless the creator can prove fair dealing or parody.
  • Businesses whose brands appear in AI‑generated fakes can demand takedown within 48 hours and claim damages for reputational harm.
  • Individuals or companies creating deepfakes for commercial advantage face fines up to KES 5 million or imprisonment up to 3 years.
  • Social media platforms must label AI‑generated content that contains identifiable brands or faces.

Practical Steps to Protect Your Brand

  1. Register your trademarks with KIPI as soon as possible – registered marks receive stronger protection under the Bill.
  2. Monitor online platforms (TikTok, Instagram, X) for unauthorised use of your brand in AI‑generated ads or memes.
  3. Create a brand monitoring policy using reverse image search tools.
  4. Register for the AI Content Registry (once established by the AI Authority) – this creates a public record of your legitimate brand assets.
  5. Engage a lawyer to send cease‑and‑desist notices or file complaints with the Communications Authority of Kenya (CAK) for deepfakes affecting your business.
Transition period: Existing businesses have 6 months from the Bill’s commencement to register their brand assets in the AI Content Registry. Do not delay.

What If Someone Creates a Fake AI Ad Using Your Logo?

Under the AI Bill, you can:

  • Issue a takedown notice to the platform (template available from CAK).
  • Claim damages for loss of goodwill and any financial loss.
  • Request an injunction to prevent further distribution.

Musyoka & Mutinda Advocates can assist with brand registration, monitoring, and enforcement under the new AI legal framework. Contact us to review your digital brand protection strategy.