For millions in Kenya and the region, WhatsApp is not just an app; it is the marketplace, the office, and the town square.
- •A quiet change to the app’s fine print has now triggered a high-stakes legal showdown that could determine the future of Artificial Intelligence (AI) in Africa.
- •On February 17, 2026, the COMESA Competition and Consumer Commission (CCCC) launched a formal investigation into Meta Platforms Ireland Limited.
- •The commission is looking into alleged abuse of a dominant position by systematically locking out rival AI services from the WhatsApp ecosystem.
"The Commission has reasonable cause to suspect that the unilateral amendments are likely to substantially lessen competition," stated Dr. Willard Mwemba, CEO of the COMESA Competition Commission.
The probe centers on a controversial update made to the WhatsApp Business Solution Terms in October 2025. According to the Commission, these unilateral amendments effectively ban third-party providers of general-purpose AI from using the WhatsApp Business API. Meanwhile, Meta’s own service, Meta AI, is granted preferential integration, enjoying full access to the platform's massive user base.
By excluding rivals, Meta is accused of turning a "crucial gateway" into a "walled garden" where only its own AI tools are allowed to flourish.
Kenya is a leading digital economy within the 21-member COMESA bloc. Local developers and startups have been racing to integrate AI assistants into WhatsApp to reach customers at scale.
The COMESA probe follows a pattern of global resistance against Meta’s "gatekeeper" status. Regulators in the European Union, Italy, and Brazil have already raised similar red flags, with some ordering Meta to halt these changes to prevent "irreparable harm" to competition.
However, the COMESA investigation is a landmark moment for African digital sovereignty. It signals that regional regulators are no longer passive observers of Silicon Valley’s rule-making but are active enforcers of fair play.
The Commission has invited stakeholders, including Kenyan businesses and tech developers, to submit their views by March 16, 2026. While the commencement of the probe does not prove guilt, the stakes are undeniable. If found in violation of Regulation 36, Meta could face significant penalties and be forced to reopen its gates to competitors.
