Bill Proposes Sh50 Million Fines and 10-Year Jail Terms in Major Crackdown on Weapons of Mass Destruction Trade
Parliament is debating the Strategic Goods Control Bill, 2026, which would impose strict licensing and monitoring on sensitive military and dual-use items to prevent proliferation of nuclear, chemical or biological weapons. Introduced by National Assembly Majority Leader Kimani Ichungwah on April 7, the legislation has been under development for more than a decade.
Offenders face fines of up to Sh50 million or imprisonment of up to 10 years for violating licensing requirements or engaging in illegal trade. Lesser offenses carry penalties of up to Sh20 million or similar jail terms, while facilitating illegal trade or possessing controlled weapons without authorization could result in fines of up to Sh5 million or three years in prison. Failure to cooperate with inspectors is punishable by up to Sh1 million or three years imprisonment.
The bill defines strategic goods as military equipment and dual-use technologies that could be repurposed for weapons of mass destruction. The United Nations has identified categories including ammunition, tanks, military aircraft, imaging devices, lasers and autonomous flying vehicles. The Interior Cabinet Secretary will publish a national control list of covered items. Kenya began pursuing the law in 2015 after a Cabinet decision in response to rising terror attacks.
The legislation establishes the Strategic Goods Control Committee, chaired by the Principal Secretary for Internal Security, to oversee trade, formulate and review the national control list, issue and revoke licenses, and enforce end-use controls. Members include senior officials from defence, finance, health, ICT and trade ministries, plus the Solicitor General, Chief of Defence Forces, Director General of the National Intelligence Service, Inspector General of Police and Commissioner General of the Kenya Revenue Authority. The Kenya Private Sector Alliance and Kenya National Chamber of Commerce and Industry will each nominate a representative. A secretariat at the Ministry of Interior will support operations with a national database, compliance monitoring and quarterly reporting.
Anyone engaging in strategic trade must register and obtain a license, valid for three years for individual permits and five years for general or global licenses. Applications can be rejected for false information, sanctions violations, national security concerns or diversion risks. Licenses can be suspended or revoked for violations, bankruptcy or prolonged inactivity. Strict end-use certificates are required, with changes reported within 48 hours. The committee may block shipments suspected of weapons development or links to embargoed destinations.
Traders must report suspicious activity, confirm deliveries, maintain records, report losses or theft within 24 hours and implement internal compliance systems. Inspectors appointed by the Cabinet Secretary have powers to investigate, access premises, seize goods and board vessels or aircraft. The bill also includes confidentiality rules, limits official liability for good-faith actions and allows appeals to the Cabinet Secretary within 30 days.
The memorandum states that the principal object is to control trade in strategic goods and related services to prevent the proliferation of nuclear, chemical or biological weapons and their means of delivery