Growing fears that dangerous materials could slip through weak regulatory gaps have prompted Kenyans to demand tougher punishment for individuals and companies involved in the illegal trade of teargas, explosives ingredients and other high-risk goods, with many arguing that the penalties proposed in a new law are far too low to stop determined offenders.
The calls were made during public participation forums held in Mombasa and Kisumu on the Strategic Goods Control Bill, 2026, where members of the public urged lawmakers to strengthen enforcement measures before the legislation is passed.
The forums were conducted by the National Assembly Committee on Administration and Internal Security, which is reviewing the Bill aimed at tightening oversight of goods that could be used in the production of nuclear, chemical and biological weapons.
Participants told the committee that while the proposed law is necessary, the punishment outlined for offenders may not be enough to discourage those involved in large-scale imports of controlled goods.
Salim Athuman, a resident of Majengo in Mvita Constituency, said the fines proposed in the legislation would have little effect on wealthy operators handling imports worth billions of shillings.
“The fines and penalties currently provided in the Bill are not sufficient. For cartels and serial offenders, they are insignificant,” said Athuman.
“While ordinary citizens may struggle to raise such amounts, wealthy barons involved in imports worth billions can easily afford them.”
He urged Parliament to consider much harsher sanctions, including life imprisonment and, in the most serious cases, the death penalty for those found guilty of breaching the law.
The proposed legislation is sponsored by Majority Leader Kimani Ichung’wah and seeks to introduce stricter regulation of strategic goods entering or leaving the country.
Among the products targeted are teargas canisters, riot-control robots, chemical substances that can be used to manufacture dangerous agents and selected fertilisers that authorities fear could be diverted for unlawful purposes.
According to the Bill, the measures are intended to stop Kenya from being exploited as a transit route for weapons of mass destruction and related materials.
The legislation covers a wide range of items, including military equipment, dual-use technologies, software and specialised materials that could support nuclear, chemical or biological weapons programmes.
If approved, all individuals and organisations dealing in strategic goods will be required to register with a new Strategic Goods Control Committee. They will also have to obtain licences before undertaking specific transactions and comply with inspection and monitoring requirements.
The Bill proposes penalties of up to Sh50 million, a jail term of up to 10 years, or both, for those who violate its provisions.
The list of regulated goods includes riot-control agents such as teargas and other crowd-control chemicals, as well as robotic equipment that could be used in military or security-related operations.
It also includes energetic materials such as explosives, propellants and pyrotechnics commonly used in ammunition and missile technology.
Chemical substances that may be used to produce nerve agents such as Sarin and VX have also been listed, together with biological agents and toxins including anthrax, Ebola virus and ricin.
Advanced technologies such as high-performance computing systems, lasers, navigation equipment and specialised software are among the items that would be subjected to tighter control under the proposed law.
The Bill further seeks to amend the Fertilisers and Animal Foodstuffs Act to bring selected fertilisers under the new regulatory framework following concerns over their possible use in making explosives.
Its memorandum states that the overall objective is to prevent the spread of nuclear, chemical and biological weapons and the systems used to deploy them.
During the Mombasa forum, Saku MP Ali Raso, who serves as vice-chairperson of the committee, said the proposed law could improve national security, strengthen oversight and increase government revenue if properly implemented.
At the same time, he cautioned against creating rules that could unfairly lock out legitimate traders or concentrate the business in the hands of a few players.
“While the objective is to strengthen oversight and protect national interests, we must ensure the law does not create unnecessary barriers to trade or favour a few players in the market,” he said.
“We must provide safeguards to ensure the Bill does not create monopolies within the trade sector.”
“We want to ensure that all views submitted by members of the public are reflected in the Bill. The law should strengthen security without slowing trade or negatively affecting legitimate businesses.”
Under the proposed framework, the Strategic Goods Control Committee would be chaired by the Principal Secretary for Internal Security and would bring together senior officials from the ministries responsible for Defence, Health, Trade and ICT, alongside representatives from the National Intelligence Service, Kenya Revenue Authority and the private sector.
The committee would be responsible for maintaining the National Control List, registering dealers, issuing licences and taking enforcement action where necessary.
Anyone found dealing in strategic goods without registration or the required licence would face a fine of up to Sh20 million, imprisonment for up to 10 years, or both