In Kenya, as technology continues to shape various sectors, the healthcare system is no exception to these transformative changes. With the integration of artificial intelligence (AI) into medical practices, the concept of medical negligence is facing new challenges and opportunities. In this article, we explore the impact of autonomous medical AI on the traditional notions of “standard of care” and introduce the novel concept of “standard of code” in Kenya’s legal framework. We also delve into the complex issue of who a patient can sue in case something goes wrong when AI is involved in their healthcare.
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