State moots new trade law to mitigate security threats

The government is finalising a draft law aimed at regulating the manufacture, import and export of goods whose diversion or wrong application could predispose the country to security threats.

Interior PS Raymond Omollo led a sensitisation workshop in Nairobi on Wednesday targeting the business community and graced by officials of the Kenya Private Sector Alliance (Kepsa).

Dr Omollo discussed the befits of stringent trade controls in the era of technological advancement and terrorism threats, saying the enactments of the Strategic Goods Control Bill 2024 into law would be a milestone in securing the country.

“We hope to have an Act by the end of the year and we call for private sector support. The government has to do its part, and the private sector too has to play its role,” said Dr Omollo, who was accompanied by Kenya Nuclear Regulatory Authority (KNRA) Director General James Keter.

Mr Keter said: “For the government to make such a critical decision, the private sector has to be involved. The proposed legislation will make trade safe. These security threats we are talking about now and again are real, and not hypothetical.”

Goods targeted by the proposed law have a nuclear, chemical and biological nature, and are widely classified by the United Nations (UN) as strategic goods.

According to the UN, they include items like ammunitions, bombs, tanks and imaging devices.

The Bill, whose drafting stems from the Cabinet memo of March 10, 2015, seeks to address security concerns arising from trade in strategic goods, promote safety, domesticate and fulfill Kenya’s obligations outlined under United Nations (UN) Security Council Resolution 1540, established under Chapter 7 of the UN Charter.

Resolution 1540 and other UN embargoes and sanctions identify dual-use substances and technologies which have both legitimate commercial uses and sensitive uses that could contribute to activities that harm people or states.

Various UN arms such as the UN Office and Drugs and Crime, have been lobbying support and rallying countries to promote the rule of law and good governance through targeted border control measures at ports, airports and all points of entry and exit.

The Wednesday sensitisation workshop was attended by officials from KNRA, Treasury, 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 (Nacosti).

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,” Mr Singh told the forum.

The Bill will be subjected to a three-week public participation from Wednesday next week.

Speakers at the event included the Strategic Trade Control Committee co-chair Mercy Mwasaru and KNRA Director for Partnerships and Public Awareness Edward Mayaka.

Mr Mayaka explained to the forum details of Resolution 1540, also popularly called UN1540, with Strategic Trade Committee member Altrine Obiero saying the proposed law does will not breach data privacy or deny individual Kenyans their core rights.