Kenya’s Compliance with International Sanctions Under Scrutiny

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Kenya has a sanctions regime in place, but its implementation and enforcement mechanisms are largely inadequate. Despite signing the United Nations Charter in 1963 and ratifying it in 1994, making it bound to comply with UN sanctions, Kenya does not have an autonomous sanctions regime.

Challenges in Implementing Sanctions

The Kenyan government’s approach to implementing sanctions is event-specific, with different decisions being made for each instance. This lack of a comprehensive sanctions regime has raised concerns about compliance and enforcement.

Lack of a List of Sanctioned Individuals and Entities

There are no official lists or databases maintained by the government to track those subject to sanctions.
No licensing or authorization system is in place for transactions involving sanctioned parties.

Non-Compliance Remedies

In the event of non-compliance with UN sanctions, individuals or entities can seek relief from the High Court of Kenya. However, this remedy is limited and does not provide a dedicated regulator to monitor and enforce compliance.

Concerns about Effective Implementation and Enforcement

The absence of a designated agency means that compliance with international sanctions is largely left to individual discretion.
This lack of a specific regulator responsible for monitoring UN sanctions has raised concerns about effective implementation and enforcement.

Improving Kenya’s Sanctions Regime

To improve its sanctions regime, the government must establish a more comprehensive framework, including:

A More Comprehensive Framework

Lists of sanctioned individuals and entities
Licensing and authorization systems
Dedicated regulators to monitor and enforce compliance

What Businesses and Individuals Should Do

In the meantime, businesses and individuals operating in Kenya are advised to exercise extreme caution when dealing with transactions involving potential sanctions violators. It is crucial to conduct thorough due diligence and ensure that all transactions comply with international sanctions requirements.

By taking these steps, we can help improve Kenya’s compliance with international sanctions and ensure a more secure and stable business environment.