Curbing the proliferation of dangerous goods into Kenya, strengthening national security and boosting foreign investors’ confidence are the major reasons the United States wants Kenyan MPs to pass a Bill currently before the House.

In throwing her weight behind the Strategic Goods and Control Bill, 2026, the United States says Kenya is fulfilling the obligations under United Nations Security Council Resolution 1540, adopted after the September 11, 2001 attacks to curb proliferation of dangerous materials.

The Strategic Goods and Control Bill sponsored by Majority leader Kimani Ichung’wah seeks to stop proliferation of weapons of mass destruction through provision of control of trade in strategic goods.

National Assembly Majority Leader Kimani Ichung’wah.

Photo credit: Boniface Mwangi | Nation Media Group

The Bill seeks to establish a legal framework for regulating the movement, export, import and transit of strategic and dual-use goods that could be diverted for the manufacture of weapons or used by terrorist organisations.

Through the Bill, the State is keen to prevent proliferation of nuclear chemical or biological weapons and their means of delivery that could pose national security risks if they land into wrong hands.

Appearing before the National Assembly Departmental Committee on Administration and Internal Security US Embassy Regional Advisor for Export Control and Border Security Sarah Welsh said countries that have enacted such a law have recorded increased foreign direct investment and improved access to global technology supply chains because the laws enhance confidence among trading partners.

“This is really about balancing national security with trade facilitation,” Ms Welsh told the committee.

Ms Welsh, who represents the Export Control and Border Security (EXBS) Programme covering Kenya, Tanzania, Oman and Yemen, told lawmakers that strategic trade controls are increasingly becoming essential in global commerce, especially in emerging sectors such as semiconductors, nuclear energy, aviation and advanced manufacturing.

“If done correctly, strategic trade controls actually expedite and facilitate trade between trusted trading partners,” Ms Welsh told the lawmakers.
Ms Welsh told the Gabriel Tongoyo chaired committee that by passing the proposed legislation, Kenya is likely to become a trusted hub in global high-tech supply chains.

She said passage of the proposed law would also align Kenya with international standards aimed at preventing dangerous dual-use goods from falling into the hands of terrorists and criminal networks.

Technical support

She revealed that the US government and other international partners have been involved in reviewing earlier drafts of the Bill and are ready to continue offering technical support as Kenya develops implementing regulations.

“The Bill you have now has been through several iterations and already reflects inputs from legal experts,” she said.

Kenya is seeking to become the third African country after Morocco and South Africa to enact comprehensive strategic trade controls and the first in East Africa.

However, despite the US backing of the Bill, members of the committee warned that there is need to tread carefully while considering the Bill in order to balance its trade against security needs.

According to the committee Vice Chairperson Dido Rasso, Kenya should not be seen to be creating trade barriers that risk slowing growth of commerce at the expense of national security.

“Globally today you can move your goods around the world in times that are predictable,” Mr Rasso said.
“Unless I am convinced beyond reasonable doubt, this Bill, while good, may have serious shortcomings as far as trade is concerned,” Mr Rasso warned.

Of concern to Saku lawmakers is why only two countries in Africa have so far adopted the law despite the existence of international obligations under Resolution 1540.

The parliamentary Security Committee Vice Chairperson Dido Rasso.

Photo credit: File | Nation Media Group

According to Mr Rasso, Kenya must strike a delicate balance between protecting national security and preserving the ease of doing business.

“The anchor should be trade facilitation while building a ring of security around it,” Mr Rasso said.

Ms Welsh told the committee that many countries have not passed the law because it’s complex and takes time to enact due to the need for coordination among customs agencies, regulators, security organs and the private sector.

She cited the Philippines as an example of a country that phased in its strategic trade controls gradually to avoid disrupting trade flows.

The US advisor explained that in the United States, strategic trade licensing is managed under the Department of Commerce, whose mandate includes facilitating trade while safeguarding national security interests.

Different countries, she noted, structure their systems differently depending on national priorities, with some placing the function under customs authorities and others under defence ministries.

Homa Bay Town MP Peter Kaluma challenged Ms Welsh to provide the US model of a similar law so that Kenya can borrow while drafting its own.

Ms Welsh noted that while the US has comprehensive export control laws, Kenya should tailor its framework to local realities rather than directly copying foreign models.

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smundu@ke.nationmedia.com