Kenya’s Approach to UN Sanctions: A Guide
Limited Administrative Decisions
In an effort to comply with international law, Kenya has a sanctions regime in place. However, unlike some other countries, it does not maintain an autonomous sanctions regime. Instead, the government takes an event-specific approach, making administrative decisions to implement United Nations (UN) sanctions or other treaty-based measures.
UN Charter and Ratification
Kenya signed the UN Charter in 1963 and ratified it in 1994. The Constitution of Kenya provides that any treaty or convention ratified by the country forms part of its laws. This means that UN sanctions are automatically incorporated into Kenyan law, without the need for further domestic legislation.
No Dedicated List of Sanctioned Entities
Unlike some other countries, Kenya does not maintain a dedicated list of sanctioned individuals and entities. This can make it difficult to determine which entities are subject to sanctions and what obligations apply to them.
Licensing or Authorization System
Kenya also lacks a licensing or authorization system to regulate transactions involving sanctioned entities. This means that individuals and entities may need to take steps to ensure compliance with UN sanctions, such as conducting due diligence on business partners and ensuring that transactions do not involve sanctioned entities.
Legal Action for Non-Compliance
Non-compliance with UN sanctions can be addressed through legal action. An individual or entity that breaches a UN sanction can seek a court order to rectify the breach. The High Court of Kenya has jurisdiction to pass sentences or issue orders in such cases.
No Specific Regulator
Kenya does not have a specific regulator responsible for monitoring and enforcing compliance with UN sanctions. This means that individuals and entities may need to take steps to ensure compliance, such as conducting regular reviews of their transactions and relationships.
Seeking Guidance
Individuals and entities seeking guidance on sanctions-related matters may want to consult with experts from firms like MMAN Advocates, which has experience in this area. The firm can be contacted at:
- 1st Floor, Wing B, Capitol Hill Square, Off Chyulu Road Upper Hill
- P.O. Box 8418, Nairobi 00200
Important Note
The information contained in this article is intended as a guide only and should not be relied upon as legal advice. Eversheds Sutherland, the firm responsible for preparing this report, takes no responsibility for actions taken based on the information provided.