Currently the theme choice for the assistant (dark/light) is set on device, and kept there.
I like having the dark theme, but, I use librewolf (fork of firefox) with resist fingerprinting (which sets the browser theme to light by default, with no way of changing it), and I also have cookies & history cleared at the close of the browser. Because of this, my theme will always be light unless I set it manually ever session, which is annoying.
There could be a cookie one sets with a userscript, or just a small toggle in the UI (on-device/kagi servers) or something.