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State rallies support for goods control Bill

Raymond Omollo

Interior PS Raymond Omollo (right) with Kenya Nuclear Regulatory Authority Director General James Keter in Nairobi on august 7, 2024 after addressing a workshop on the Strategic Goods Control Bill 2024.

Photo credit: Pool

The government is drumming up support for a proposed law seeking to introduce trade controls on certain goods in an attempt to stem terrorism and related crimes.

At a workshop in Nairobi on August 7, the Interior Ministry and Kenya Nuclear Regulatory Authority (KNRA) officials offered a sneak peek into the Strategic Goods Control Bill 2024.

Interior PS Raymond Omollo said with ongoing consultations across sectors and among stakeholders, the target was to have an Act in place by the end of the year. The Bill will be subjected to public participation for 21 days beginning August 13, 2024.

“The draft has been discussed for a record eight years. However, there’s never a wrong time to do the right thing in ensuring safety by regulating strategic goods,” Dr Omollo said, adding that having such a law will be a milestone for Kenya and the region.

Strategic goods refer to items and technology including but not limited to conventional arms, military equipment and those that relate to the development, production and use of nuclear, chemical and biological weapons.

The Bill is originated by the Interior Ministry and is being polished by the Strategic Trade Control Committee co-chaired by Senior Deputy Secretary at Interior Mercy Mwasaru and KNRA Director General James Keter. Its drafting stems from the Cabinet memo of March 10, 2015.

It proposes, among others, stiff penalties for violations, limiting brokerage activities relating to strategic goods including those passing through Kenya, and requiring traders to apply for permits to manufacture, import or export specific goods in a water-tight and trackable process overseen by a multi-agency strategic trade committee.

Overall, according to the experts, the proposed law seeks to promote safety, domesticate and fulfil Kenya’s obligations outlined under United Nations (UN) Security Council Resolution 1540, established under Chapter 7 of the UN Charter. A list of strategic goods developed by the

The UN has been adopted by nations and includes items like ammunition, bombs, tanks and imaging devices.

Ms Mwasaru said the need to balance legitimate trade with stemming security threats was urgent because in the past, there had been cases of criminals accessing strategic goods and using them to cause harm and dent Kenya’s image.

The officials said improved surveillance was critical due to evolving technology and security threats, giving an example of 2013 when a Kenyan trader imported military equipment for shipment to suspected terrorists in a neighbouring country only to be flagged at the port.

“Chemical, Biological, Radiological, and Nuclear (CBRN) materials, technologies, and related services are widely accessible due to their dual-use nature in civilian and military applications,”

KNRA Director for Partnerships and Public Awareness Edward Mayaka told the forum.

Kenya Private Sector Alliance (Kepsa) chairman Jaswinder Singh said the port of Mombasa handles an estimated 20 million tonnes of cargo annually, adding that the heavy volumes call for strict monitoring of possible risks. “Today marks a significant step in collective efforts to enhance trade and security, proof of Kenya’s commitment to align with UN resolutions,” Mr Singh said.

The sensitization workshop targeting the business community was attended by officials from KNRA, the Treasury, the Attorney General’s office, Government Chemist, Kemri, KRA, State departments of ICT, Trade and Crop Development, and the National Commission For Science, Technology and Innovation.