Until recently, Kenya’s approach to conventional arms control could be described as somewhat antiquated. Oversight is exercised by the Inspector-General of Police under the Ministry of Interior and Coordination of National Government, with ministerial approval required for each export transaction. The current arms control regime is rooted in the Firearms Act (Cap. 114) of 1960, as revised in 2012. This Act regulates the manufacture, import, export, transfer, possession, and use of firearms and ammunition. Additionally, the Act prescribes that any individual or entity seeking to manufacture or export arms must possess a valid firearm certificate and/or a firearms manufacturer’s certificate. In parallel, Kenya participates in the United Nations Register of Conventional Arms (UNROCA) transparency mechanism, voluntarily reporting major arms transfers annually, enabling a modicum of transparency in Kenya’s participation in international arms transfers.
More recently, in 2024 the Kenyan government moved to modernise the country’s approach to conventional arms control through the introduction of the Strategic Goods Control Bill (2024). While not exclusively focused on conventional arms, they are a key component of what the new Bill aims to regulate. In a Ministry of Interior and National Administration report, the Kenyan government states that “The Country is in the process of adopting the Strategic Goods Control Bill, 2024, which seeks to strengthen Kenya’s trade control regime through the control of export, import, re-export, transit and trans-shipment of strategic goods, technology and related services to prevent mishandling and further misuse in non-peaceful uses.” Notably, it defines strategic goods as “dual-use goods, conventional arms, technology and software that can be used for both civilian and military applications, and/or contribute to the proliferation of weapons of mass destruction.”
The Bill, if passed, will significantly strengthen Kenya’s arms control system, establishing a new Strategic Goods Control Committee (SGCC), an entity somewhat reminiscent of South Africa’s National Conventional Arms Control Committee. The SGCC will be the primary oversight and decision-making entity, responsible for ensuring effective control is exercised over the import and export of strategic goods and related services.
Importantly, the Bill includes a clear list of conditions which the SGCC must take into account when granting an import/export licence, something that is largely in line with the current international conventional arms control regime. These include assessing the risk of diversion, human rights and other humanitarian considerations, as well as the preservation of peace, security, and stability, among others.
The Bill also seeks to establish a distinct Secretariat, which would be responsible for the day-to-day operations of the SGCC while also acting as the intermediary between the SGCC and industry. Crucially, the Bill sets out the procedures and requirements related to registration, licensing, and detailed provisions on end-use controls through the provision of end-use certificates. It also clearly outlines provisions for enforcement and consequences for transgressions—something missing from the previous regime. All of this combined would lay the foundation for a more effective and efficient approach to arms control. However, a major gap in the Bill is the absence of any meaningful provisions related to transparency. Tellingly, it fails to require reports on imports/exports to be compiled and made available to Parliament or the public (as in the case of South Africa’s own arms control regime).
Overall, Kenya’s conventional arms export regime is evolving and clearly reflective of the dominant international approach to conventional arms control. Institutional safeguards are being improved and expanded, although concerns about the level of transparency and public accountability remain.
