The currently accepted answer is in some sense technically correct. It does not however answer your question.
Theoretically it would be possible to monitor when these instructions are used by any process. This would however create an infeasible amount of overhead. You would basically have to do a conditional branch every time any instruction is executed (!
). It can be achieved for example by using an in-target probe, this is however a very costly and non scalable solution.
A more realistic but less precise solution is to do program counter sampling. You can check which instruction is being executed at a given moment by looking at a processes program counter. The program counter of a process can indeed be accessed from a kernel module. If you sample at a high enough resolution you can get a decent indicator of whether or not AES-NI instructions are being used.