Kenya’s Strategic Goods Control Bill: Export Controls on Dual-Use Items

The Strategic Goods Control Bill, 2026 would give Kenya its first dedicated export control licensing regime for strategic goods, technology and related services. We found no enacted Strategic Goods Control Act on Kenya Law at the time of writing, so this article describes the Bill as published in Kenya Gazette Supplement No. 68 of 24 March 2026, not a law in force. Clauses can change in Parliament. Businesses that trade in dual-use goods, defence-adjacent technology, certain chemicals, biological materials or software should understand the Strategic Goods Control Bill now, because it reaches exporters, importers, transit and transhipment, brokers and technology transfers.

What the Strategic Goods Control Bill is for

The long title says the Bill provides for the control of trade in strategic goods, technology and related services, and aims to prevent the proliferation of nuclear, chemical or biological weapons and their means of delivery. It defines a “dual-use good” as an item, software or technology usable for both civil and military applications. Under clause 1 the Act would commence on a date the Cabinet Secretary appoints by Gazette notice.

The goods covered are set out in a National Control List in the Schedule, which has a Military List and a List of Dual-Use Goods. Under clause 4 the Cabinet Secretary may amend the List by Gazette notice on the Committee’s recommendation.

Who would run the regime

Clause 5 creates a Strategic Goods Control Committee chaired by the Principal Secretary responsible for internal security. Its members include the Principal Secretaries for defence, finance, ICT, health and trade, the Solicitor-General, the heads of the Kenya Defence Forces, National Intelligence Service, National Police Service and Kenya Revenue Authority, one nominee each of the Kenya Private Sector Alliance and the Kenya National Chamber of Commerce, and the Director as secretary.

The Committee issues, suspends and revokes licences, reviews the National Control List and runs end-use controls (clause 6). A Secretariat headed by a Director monitors strategic trade and inspects end-use activity (clauses 7 and 8).

Registration and licensing under the Strategic Goods Control Bill

Clause 9 requires anyone who intends to engage in strategic trade to register with the Committee, using the prescribed form and fee. The Committee may refuse registration where an applicant misrepresents or conceals a material fact, has violated an embargo or sanction that binds Kenya, or is subject to proceedings related to national security. A registration stays valid unless cancelled or suspended.

Cancellation grounds in clause 10 include contravening the Act, violating a sanction, and a change of shareholders, directors or signatories of a company without written notice to the Committee. That last ground matters for investment and restructuring deals, because a share transfer could put your registration at risk.

Clause 14 prohibits trading in a good on the National Control List, or providing a related service, without a licence. Clause 14(4) reserves strategic trade for military applications to national security organs. Validity periods under clause 16 are:

• individual licence: three years from issue;
• global licence: five years from issue;
• general licence: five years from issue or until revoked.

When deciding whether to license, the Committee considers national security, treaty and Security Council obligations, regional stability, human rights, terrorism and the risk of diversion to an unauthorised end-user (clause 15). It must refuse a licence where the goods are the subject of a police investigation or court proceedings, or the trade would breach a United Nations Security Council sanction or embargo.

End-use controls and ongoing duties

Clause 12 requires the end user to sign an end-user certificate stating the end user, quantity, value and purpose, which the Committee certifies. A change of end user must be notified to the Committee in writing within forty-eight hours. Clause 13 lets the Committee stop a shipment at any stage and direct a shipment in transit to be returned or unloaded.

Licence holders must also, under clause 24:

• comply with licence conditions and report shipment changes immediately;
• state on commercial documents such as contracts and invoices that the goods are subject to export controls;
• notify the Committee within twenty-four hours of any loss or theft of strategic goods;
• maintain internal compliance measures.

A lost or destroyed licence must be reported within seven days (clause 17). Clause 25 allows compliance checks before, during and after licensing.

Inspections, offences and penalties

An inspector appointed by the Cabinet Secretary may enter premises and search conveyances with a warrant, seize documents and goods, and take samples (clauses 26 to 28). Clause 29 allows the same powers without a warrant where delay would defeat the object of the warrant.

The penalties are heavy. Under clause 36:

• false submissions, ignoring Committee orders, failing to report, record-keeping failures, aiding a contravention, conspiracy, obstruction and forging documents carry a fine of up to KES 50 million, imprisonment of up to ten years, or both;
• trading without registration and a licence, failing to furnish information, misusing confidential information, using goods inconsistently with the licence, and failing to assist the Committee carry a fine of up to KES 20 million, up to ten years, or both;
• knowingly facilitating or financing handling of strategic goods in a way that endangers public safety, or possessing listed conventional weapons without a licence, carries up to KES 5 million, up to three years, or both.

Obstructing or impersonating an inspector carries up to KES 5 million or five years (clause 35), and clause 38 sets the same general penalty for any contravention with no specific penalty. Supplying strategic goods for terrorism is dealt with under section 11 of the Prevention of Terrorism Act.

Appeals, voluntary disclosure and transition

A person aggrieved by a Committee decision may appeal to the Cabinet Secretary within thirty days, and the appeal is to be decided within sixty days. This is in addition to other remedies in law (clause 23). Clause 18 requires fair hearing compliance under Article 47 of the Constitution before a licence is revoked or suspended.

Clause 40 provides that a person who voluntarily discloses a contravention to the Committee gets the benefit of that disclosure when the Committee decides on any administrative sanction. The procedure is left to regulations. Under clause 54, existing registrations, licences or written authorities to engage in strategic trade are deemed issued under the Act, but the holder must apply to the Committee for registration within twelve months after commencement.

Preparing for the Strategic Goods Control Bill

You do not need to wait for enactment to start preparing. A sensible plan is to:

• map your products, software and technical data against the draft National Control List;
• review distributor and customer contracts for end-use and re-export clauses;
• build an end-user screening and record-keeping process.

See also our work for technology companies and our regulatory compliance practice.

Frequently asked questions

This article is general information on Kenyan law as at its publication date, not legal advice. Reading it does not create an advocate and client relationship.