Before traveling to a foreign country, it’s essential to familiarize yourself with local laws to ensure that you do not accidentally violate them, as sometimes the consequences can be severe.
For example, drug trafficking in countries like Malaysia is punishable by a death sentence, whereas many places are more lenient and give relatively short prison sentences instead.
Below is a summary of the laws in Kenya to help you settle in with the customs and enjoy the country’s richness as a tourist, foreigner, or exchange student.
We have broken down the sections into 18 key segments and what you need to know about what Kenyan laws say for each.
Quick Summary of Laws in Kenya
1. Religion
The Kenyan constitution grants everyone in the country the freedom of worship.
While there isn’t a state religion, most Kenyans identify as Christians or slight variations of the same regarding denominations.
Having no religion is also an option, but the local cultures and population shun atheism or failure to side with any mainstream religion.
Many non-locals may find it odd to get asked about their religion on official documents such as college, work, and passport applications, but that is gradually fading.
Some places may still ask you to fill in your religion, and that is not against the law for them to do. What’s unacceptable is for them to discriminate against you based on your response.
The laws in Kenya protect everyone against discrimination, including that based on religious affiliation or lack thereof, thereby giving you grounds to sue establishments or employers for religious discrimination.
2. Sexuality
Gender and sexuality are hot topics in many places today for many reasons.
Regardless of your position on the matter, the conversations haven’t gotten to be as big in Kenya yet, and the laws surrounding sexuality have remained relatively unchanged for decades.
Same-sex marriage is unlawful in Kenya, and same-sex attraction (homosexuality) is punishable by a jail term of up to 14 years.
Don’t let the archaic-sounding nature of it scare you. You’d be happy to know that we do have a part of the LGBT community in Kenya, and most of them are living ordinary lives, pursuing their ambitions, and living life on their terms.
As you go about your activities, remember that while the law is unlikely to come down on you for your sexuality in Kenya, the community is prudish, so public acceptance of same-sex relationships is still a new concept.
Also, you won’t be tying any knots in Kenya, unfortunately. Kenya is yet to legalize same-sex marriage.
3. Drugs
Hard narcotic and psychotropic substances, such as cocaine, marijuana, heroin, and methamphetamine, are illegal and prohibited in Kenya.
Medication with narcotics like codeine phosphate is legal but requires a prescription at all pharmacies across Kenya.
Drug possession is just as bad as peddling or smuggling under Kenyan Laws. Therefore, getting arrested for possession can bear equally harsh punishments if convicted.
Drug charges in Kenya carry sentences ranging from 3 months to 30 years or more, depending on the nature of involvement and additional related charges.
4. Alcohol
Alcohol is legal in Kenya for persons over 18 years old, but the law prohibits homebrewing or selling hard liquor and spirits.
Kenya has 44 tribes, each with rich customs, and booze is a significant part of cultural celebrations.
Most Kenyan communities have versions of traditional brews; for example, the Agikuyu have the “Muratina,” and the Luhya community have their “Busaa.”
Traditional brews like the ones above are acceptable by law, but homemade distilled liquor, commonly referred to in Kenya as “chang’aa,” is illegal. Failure to comply attracts a fine of up to 5 million shillings (approx. $ 38,000) or imprisonment.
Any new alcohol manufacturing plant must be licensed and pass inspections set by the Kenya Bureau of Standards (KEBS) to guarantee quality and public safety.
Retailers must also adhere to the regulations by selling genuine alcohol or face penalties or imprisonment.
Consumption of illegal alcohol is not against the law, but numerous health risks are involved, including blindness and death.
5. Driving
Motorists in Kenya drive on the left side of the road and must have a valid driver’s license and vehicle insurance whenever on the road.
Failure to have a driving license is punishable by a fine of Ksh. 7,000 (approximately $53), whereas driving an uninsured vehicle attracts a fine of Ksh. 10,000 (approximately $75).
6. Prostitution
The age-old profession of prostitution is illegal in Kenya, as it is in most countries and states worldwide.
Engaging in commercial sex work is punishable by fines or a jail term of up to three years.
Equally, the laws in Kenya don’t spare the johns either, as they stand to pay fines for enabling illegal activity.
7. Financial regulations
As with most countries, defacing or destroying the Kenyan currency is an offense under Kenyan law, and so is money laundering.
Defacing Kenyan money is punishable by fines, while money laundering can carry harsh penalties of decades in prison.
For purchases and payments, 99% of businesses only accept the Kenyan Shilling, with a few examples like airlines and hotels accepting international currencies like the dollar, pound, or euro.
Using counterfeit money in Kenya is punishable by a jail term, so be careful to familiarize yourself with the unique identifiers of authentic Kenyan currency.
You can also transact using mobile money and digital payments like Mpesa or card payments.
The issue of counterfeit money is exceptionally rare in Kenya, and many people spend their entire lifetimes without ever coming across fake Kenyan bills, but it still helps to stay safe.
8. Age of Consent
The legal age and the age of consent vary widely depending on your country or state.
In Kenya, the age of consent is 18 years, and engaging in intercourse with a minor is statutory rape, a severe offense in Kenya — punishable by imprisonment or a life sentence if the victim is under 12 years old.
Typically, the younger the victim or the more significant the age difference, the harsher the punishment.
9. Firearms
Guns are illegal in Kenya; civilians must acquire a gun permit before legally buying or owning a firearm.
Possession of unlicensed firearms or homemade guns is a grave offense under Kenyan Laws, which is punishable by a jail term of up to 40 years.
Concealed carry is mandatory, too, except for the armed forces.
Brandishing your gun in public is illegal under Kenyan law unless the circumstances force you to. Exhibiting your weapon in public can lead to gun license suspensions.
For licensed gun holders, shooting at people is acceptable only for self-defense, or they face manslaughter or murder charges.
10. Game Meat Consumption
The laws in Kenya are precise about regulating what the public consumes; therefore, game meat is prohibited unless the animals pass government health inspections.
Government health regulations are necessary to prevent outbreaks of deadly diseases such as Ebola.
It’s inevitable for us to be the bearers of bad news for all hunting enthusiasts, but hunting is illegal in Kenya, and doing so is punishable by fines or a jail term.
Possession of ivory is also unlawful and punishable by a prison sentence.
11. Education
All children have a right to education in Kenya, and failure to take your children to school is a crime.
Public schools, run by the government, have subsidized costs to ensure every child in Kenya has access to formal education.
12. Environmental Regulations
The government, via the Environmental Management and Coordination Act (EMCA), 1999, upholds everyone’s right to a clean environment in Kenya.
Waste dumping, noise pollution, or littering can attract hefty fines and lead to a business’s closure.
You can report environmental pollution and hazards to the National Environmental Management Authority or the nearest county government offices in your respective location.
13. Employment Laws
To work in Kenya, you must have a work visa or a work permit. Failure to acquire those can present problems ranging from fines to deportation.
If you’re looking to work in Kenya as a non-citizen, consider acquiring a work permit to stay on the safe side of the law.
If you have a formal offer of employment, most employers help their non-citizen employees acquire all necessary permits.
14. Cybercrime Laws
Kenya may be a developing country, but it has a more expansive internet coverage than the average country.
The internet presents many opportunities but can also harbor crime.
The police in Kenya, alongside their specialized counterparts, the DCI Unit (Department of Criminal Investigations), possess modern tools and technologies to detect and track down cybercrime ranging from cyberbullying and identity theft to fraud and money laundering.
Using a VPN alone is not enough in Kenya, as law enforcement has access to more than just your IP address and is within the law to act on the information if needed.
Engaging in cybercrime in Kenya is risky and can result in hefty fines or incarceration.
15. Human Rights
Kenya is a democratic state with respect for human rights evident throughout the Bill of Rights in the constitution.
Unlike many developing countries, Kenya boasts an open, dialogue-oriented, and rational government, allowing public participation in crucial government actions.
The laws in Kenya give everyone the right to fair trials, and the accused persons are presumed innocent until proven guilty.
Executions, censorship, and silencing by the state are almost unheard of in Kenya, making it safe for travel by many people, including journalists and other public officials.
16. Political Laws
Kenya has been a relatively stable multi-party democracy without significant incidents of political instability since the 2007 elections.
To hold public office or run for elective seats, you must be a Kenyan citizen.
Additionally, you must satisfy specific requirements that can differ from one position to the other. Generally, you don’t want to have more than dual citizenship or have served a jail term longer than six months.
