For millions across Kenya and the wider region, WhatsApp has become more than a messaging platform. It functions as a marketplace, a workplace, and a digital public square rolled into one.
A subtle revision to its terms and conditions has now sparked a serious legal confrontation that may shape the trajectory of Artificial Intelligence in Africa.
On February 17, 2026, the COMESA Competition and Consumer Commission launched a formal inquiry into Meta Platforms Ireland Limited. The regulator is examining claims that the company may have abused its dominant position by sidelining competing AI services within the WhatsApp ecosystem.
Dr Willard Mwemba, Chief Executive Officer of the Commission, stated that there is reasonable cause to believe the unilateral changes could significantly reduce competition.
At the centre of the investigation is an update to the WhatsApp Business Solution Terms introduced in October 2025. According to the Commission, the revisions effectively prevent third-party providers of general-purpose AI from accessing the WhatsApp Business API. In contrast, Meta’s in-house service, Meta AI, retains privileged integration and direct access to the platform’s vast user base.
Regulators argue that by shutting out rivals, Meta may have transformed what was once a critical access point into a closed ecosystem where only its own AI products can operate freely.
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Kenya, one of the most digitally advanced economies within the 21-member COMESA bloc, has seen local startups and developers move quickly to embed AI assistants into WhatsApp to reach customers at scale. The outcome of this probe could therefore carry substantial implications for the region’s technology sector.
The investigation mirrors growing global scrutiny of Meta’s influence as a digital gatekeeper. Authorities in the European Union, Italy, and Brazil have previously voiced similar concerns, with some directing the company to suspend comparable changes to avert potential harm to competition.
For COMESA, the case represents a defining moment in the assertion of African digital sovereignty. It reflects a shift from passive observation of global tech policy to active enforcement of competition rules within the region.
Stakeholders, including Kenyan enterprises and technology developers, have been invited to submit their views by March 16, 2026. While the launch of the investigation does not amount to a finding of wrongdoing, the consequences could be significant. Should Meta be found to have breached Regulation 36, it may face substantial penalties and be required to restore access for competing AI providers.
