This study explored the regulatory framework in Kenya that may facilitate the implementation of the FAIR Guidelines in health research, as well as the possibility of adopting the FAIR Guidelines at the national level. Fourteen key documents pivotal to the emerging digital health sector in Kenya were identified and analysed using a comprehensive coding and labelling approach based on a binary system for whether or not they mention the FAIR Guidelines or terms and vocabulary related to the FAIR Guidelines. The analysis revealed gaps in data stewardship that could be filled by the implementation of the FAIR Guidelines and, although the documents analysed do not explicitly mention the FAIR Guidelines, FAIR Equivalent terminology and practices are mentioned in varying detail. However, our analysis shows that there are still no provisions for the introduction and implementation of the FAIR Guidelines in health research in Kenya. Therefore, we recommend that the leadership be provided with a comprehensive introduction to the FAIR Guidelines, success stories about the FAIRification of data and research infrastructure in other parts of the world, and a demonstration of the steps needed for the FAIRification of health data in Kenya.